National Security Agency whistleblower William Binney reveals he
believes domestic surveillance has become more expansive under President
Obama than President George W. Bush. He estimates the NSA has assembled
20 trillion "transactions" — phone calls, emails and other forms of
data — from Americans. This likely includes copies of almost all of the
emails sent and received from most people living in the United States.
Binney talks about Section 215 of the USA PATRIOT Act and challenges NSA
Director Keith Alexander’s assertion that the NSA is not intercepting
information about U.S. citizens.
National Security Agency whistleblower William Binney reveals he
believes domestic surveillance has become more expansive under President
Obama than President George W. Bush. He estimates the
NSA
has assembled 20 trillion "transactions" — phone calls, emails and
other forms of data — from Americans. This likely includes copies of
almost all of the emails sent and received from most people living in
the United States. Binney talks about Section 215 of the
USA PATRIOT Act and challenges
NSA Director Keith Alexander’s assertion that the
NSA is not intercepting information about U.S. citizens.
This interview is part of a 4-part special. Click here to see segment 1, 2, and 4. [includes rush transcript]
Guests:
William Binney, served in the
NSA
for over 30 years, including a time as director of the NSA’s World
Geopolitical and Military Analysis Reporting Group. Since retiring from
the
NSA in 2001, he has warned that the NSA’s data-mining program has become so vast that it could "create an Orwellian state."
Jacob Appelbaum,
a computer security researcher who has volunteered with WikiLeaks. He
is a developer and advocate for the Tor Project, a network enabling its
users to communicate anonymously on the internet.
Laura Poitras,
an award-winning documentary filmmaker and producer. She is working on
the third part of a trilogy of films about America post-9/11. The first
film was
My Country, My Country," and the second was
The Oath.
JUAN GONZALEZ:
Well, I wanted to ask William Binney about this issue. When it comes to
snail mail, the old postal system, it’s very tough for the government
to intercept mail, except in times of war, particular situations. When
it comes to phone conversations, land phone conversations, you need a
warrant to be able to intercept phone conversations. But what about
email, and what about the communication now that is really the dominant
form that not only Americans, but many people around the world
communicate? What are the restrictions on the government in terms of
email?
WILLIAM BINNEY: Well, after some of the laws they passed, like the
PATRIOT
Act and their secret interpretation of Section 215, which is—my view,
of course, is same as Tom Drake’s, is that that gives them license to
take all the commercially held data about us, which is exceedingly
dangerous, because if you take that and put it into forms of graphing,
which is building relationships or social networks for everybody, and
then you watch it over time, you can build up knowledge about everyone
in the country. And having that knowledge then allows them the ability
to concoct all kinds of charges, if they want to target you. Like in my
case, they fabricated several charges and attempted to indict us on
them. Fortunately, we were able to produce evidence that would make them
look very silly in court, so they didn’t do it. In fact, it was—I was
basically assembling evidence of malicious prosecution, which was a
countercharge to them. So...
AMY GOODMAN: Do you believe all emails, the government has copies of, in the United States?
WILLIAM BINNEY: I would think—I believe they have most of them, yes.
AMY GOODMAN: And you’re speaking from a position where you would know, considering your position in the National Security Agency.
WILLIAM BINNEY:
Right. All they would have to do is put various Narus devices at
various points along the network, at choke points or convergent points,
where the network converges, and they could basically take down and have
copies of most everything on the network.
AMY GOODMAN: Jacob, your email?
JACOB APPELBAUM:
Well, I selectively chose to use certain public services, like
Sonic.net and Gmail, and I specifically did that so as to serve as a
warning to other people. I didn’t use it for anything interesting, never
once emailed Julian, for example, from those accounts. But the U.S.
government again asserted in those cases, according to the
Wall Street Journal,
which is one way to find out about what’s going on with you—they
asserted that they have the right to all that metadata. And it is
possible—on Monday, I had a little interaction with the
FBI,
where they sort of hinted that maybe there might be a national security
letter for one of my email accounts, which is also hosted by Google,
specifically because I want to serve as a canary in a coal mine for
other people.
AMY GOODMAN: A national security letter—it’s believed the government has given out hundreds of thousands of those.
JACOB APPELBAUM: Yeah.
AMY GOODMAN:
I have also written about NSLs. But if you get one, you are not allowed
to talk about it, on pain of something like up to five years in prison,
even to mention that you were handed a national security letter that
said turn something over.
JACOB APPELBAUM: Yeah. That was the case of Nick Merrill, for example, who’s a brave American, who essentially fought and won the
NSL that was handed down to him.
AMY GOODMAN: And the librarians of Connecticut—
JACOB APPELBAUM: Yes.
AMY GOODMAN: —who were taking on the
USA PATRIOT Act and didn’t want to give information over about patrons in the library that the
FBI wanted to get information on.
JACOB APPELBAUM: Right, absolutely. So, an
NSL, what’s specifically scary about it is that all that is required is for an
FBI
agent to assert that they need one, and that’s it. And you don’t have a
chance to have judicial review, because you aren’t the one served. Your
service provider will be served. And they can’t tell you, so you don’t
get your day in court.
AMY GOODMAN: Laura, can you set up this clip that we have?
LAURA POITRAS:
Yes, actually, this is what Jake was alluding to. On Monday, there was a
panel at the Open Society Institute. And Jake—and there was a deputy
general counsel of the
FBI who was present, and Jake had the opportunity to question her about national security letters.
JACOB APPELBAUM:
Are you including national security letters in your comment about
believing that there is judicial oversight with the FBI’s actions?
FBI DEPUTY GENERAL COUNSEL: National security letters and administrative subpoenas have the ability to have judicial oversight, yes.
JACOB APPELBAUM: How many of those actually do have judicial oversight, in percentage?
FBI DEPUTY GENERAL COUNSEL: What do you mean by that? How many have—
JACOB APPELBAUM: I mean, every time you get a national security letter, you have to go to a judge? Or—
FBI DEPUTY GENERAL COUNSEL:
No, as you well know, national security letters, just like
administrative subpoenas, you don’t have to go to a judge. The statute
does allow for the person on whom those are served to seek judicial
review. And people have done so.
JACOB APPELBAUM: And in the case of the third parties, such as, say, the 2703(d) orders that were served on my — according to the Wall Street Journal
— my Gmail account, my Twitter account, and my internet service
provider account, the third parties were prohibited from telling me
about it, so how am I supposed to go to a judge, if the third party is
gagged from telling me that I’m targeted by you?
FBI DEPUTY GENERAL COUNSEL:
There are times when we have to have those things in place. So, at some
point, obviously, you became aware. So at some point, the person does
become aware. But yes, the statute does allow us to do that. The statute
allows us.
AMY GOODMAN: Now, Jacob, explain who she was again.
JACOB APPELBAUM: So, my understanding is that she’s the deputy general counsel of the
FBI.
AMY GOODMAN: And the significance of what she has just said?
JACOB APPELBAUM:
Essentially, what she says is, "We are just and righteous because you
get judicial review. But there are some cases where you don’t, and we
are still just and righteous. And you should trust us, because
COINTELPRO will never happen again." That’s what I heard from that. And, in fact, later, someone asked about
COINTELPRO and said, "How can we" —
AMY GOODMAN: The counterintelligence program that targeted so many dissidents in the 1970s.
JACOB APPELBAUM: Yeah. Tried to get Martin Luther King Jr. to kill himself, for example. The
FBI
wrote him a letter and encouraged him to commit suicide. So for her to
suggest that it is just and right and that we should always trust them
sort of overlooks the historical problems with doing exactly that for
any people in a position of power, with no judicial oversight.
JUAN GONZALEZ:
William Binney, what about the companies that are approached by the
government to participate or facilitate the surveillance? Your sense of
the degree of opposition that they’re mounting, if at all? And also, has
there been any kind of qualitative change since the Obama
administration came in versus what the Bush administration was
practicing?
WILLIAM BINNEY:
Well, first of all, I don’t think any of them opposed it in any way. I
mean, they were approached to saying, "You’ll be patriotic if you
support us." So I think they saluted and said, "Yes, sir," and supported
them, because they were told it was legal, too. And then, of course,
they had to be given retroactive immunity for the crimes they were
committing. So—
JUAN GONZALEZ: Approved by President Obama.
WILLIAM BINNEY: And President Bush, yeah. It started with Bush, yeah.
JUAN GONZALEZ: And the differences in the administrations?
WILLIAM BINNEY:
Actually, I think the surveillance has increased. In fact, I would
suggest that they’ve assembled on the order of 20 trillion transactions
about U.S. citizens with other U.S. citizens.
AMY GOODMAN: How many?
WILLIAM BINNEY: Twenty trillion.
AMY GOODMAN: And you’re saying that this surveillance has increased? Not only the—
WILLIAM BINNEY: Yes.
AMY GOODMAN:
—targeting of whistleblowers, like your colleagues, like people like
Tom Drake, who are actually indicted under the Obama administration—
WILLIAM BINNEY: Right.
AMY GOODMAN: —more times—the number of people who have been indicted are more than all presidents combined in the past.
WILLIAM BINNEY:
Right. And I think it’s to silence what’s going on. But the point is,
the data that’s being assembled is about everybody. And from that data,
then they can target anyone they want.
AMY GOODMAN: Bill Binney, talk about Bluffdale, Utah. What is being built there?
WILLIAM BINNEY:
Well, a very large storage device, basically, for remote interrogation
and remote processing. That’s the way I view that. Because there’s not
enough people there to actually work the data there, so it’s being
worked somewhere else.
AMY GOODMAN: Where do you get the number 20 trillion?
WILLIAM BINNEY: Just by the numbers of telecoms, it appears to me, from the questions that
CNET
posed to them in 2006, and they published the names and how—what the
responses were. I looked at that and said that anybody that equivocated
was participating, and then estimated from that the numbers of
transactions. That, by the way, estimate only was involving phone calls
and emails. It didn’t involve any queries on the net or any
assembles—other—any financial transactions or credit card stuff, if
they’re assembling that. I do not know that, OK.
JUAN GONZALEZ:
And the original—the original allegations that you made, in terms of
the crimes being committed under the Bush administration in terms of the
rights of American citizens, could you detail those?
WILLIAM BINNEY:
Well, I made that—I reported the crime when I was raided in 2007. And
it was that Bush and Cheney and Hayden and Tenet conspired to subvert
the Constitution and violate various laws of the—that exist in the
statute at the time, and here’s how they did it. And I was reporting
this to the
FBI on my back porch during the
raid. And I went through Stellar Wind and told them what it did and what
the information it was using and how they were spying on—or assembling
data to be able to spy on any American.
AMY GOODMAN:
I want to go to a clip of Congress Member Hank Johnson—he’s the Georgia
Democrat—questioning National Security Administration director, General
Keith Alexander, last month, asking him whether the
NSA spies on U.S. citizens.
REP. HANK JOHNSON: Does the NSA routinely intercept American citizens’ emails?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: Does the NSA intercept Americans’ cell phone conversations?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: Google searches?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: Text messages?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: Amazon.com orders?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: Bank records?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: What judicial consent is required for NSA to intercept communications and information involving American citizens?
GEN. KEITH ALEXANDER: Within the United States, that would be the FBI lead. If it was a foreign actor in the United States, the FBI would still have the lead and could work that with NSA
or other intelligence agencies, as authorized. But to conduct that kind
of collection in the United States, it would have to go through a court
order, and the court would have to authorize it. We are not authorized
to do it, nor do we do it.
AMY GOODMAN: That was General Keith Alexander, the
NSA director, being questioned by Democratic Congress Member Hank Johnson. Bill Binney, he’s the head of your agency, of the
NSA. Explain what he’s saying—what he’s not saying, as well.
WILLIAM BINNEY:
Well, I think it’s—part of it is a term, how you use the term
"intercept," as to whether or not what they’re saying is, "We aren’t
actually looking at it, but we have it," you know, or whether or not
they’re actually collecting it and storing it somewhere.
JUAN GONZALEZ: So the mistake of the congressman was not to ask, "Are you collecting information?"
WILLIAM BINNEY:
Well, he also said things like, "We don’t collect" — or, "We don’t
collect against U.S. citizens unless we have a warrant." And then, at
the same time, he said that we don’t—at the same interview, he said, "We
don’t have the capability to collect inside this country." Well, those
are kind of contradictory.
AMY GOODMAN: Is he lying? Is General Keith Alexander lying?
WILLIAM BINNEY: I wouldn’t—you know, the point is how you split the words. I wouldn’t say "lying." It’s a kind of avoiding the issue.
AMY GOODMAN: Jacob Appelbaum, how does this relate to you? And how powerful is General Keith Alexander?
JACOB APPELBAUM: I was saying to Bill that I think he’s probably the most powerful person in the world, in the sense that—
AMY GOODMAN: More powerful than President Obama?
JACOB APPELBAUM:
Well, sure. I mean, if he controls the information that arrives on
Obama’s desk, and Obama makes decisions based on the things on his desk,
what decisions can he make, if—except the decisions presented to him by
the people he trusts? And when the people he trusts are the military,
the military makes the decisions, then the civilian government is not
actually in power.
AMY GOODMAN: Bill Binney, you’re nodding your head.
WILLIAM BINNEY:
Yes. I mean, well, for example, their responsibility is to interpret
what they have and report up echelon. So, I mean, that’s the
responsibility of all the intelligence agencies. So, they basically
filter the information to what they believe is important, which is what
they should do, because, you know, they’re occupying—it takes time for
leaders to review material to make decisions. So they have to boil it
down as best they can. So it’s a function of their processing, but it is
important that they do it correctly to make sure the information that
gets there is correct and complete as it can.
AMY GOODMAN: Is General Alexander more powerful than President Obama?
WILLIAM BINNEY: In the sense of making—of presenting information for decision making, sure.
JUAN GONZALEZ:
And Laura, the impact on journalists, who have to go through what you
go—you’ve gone through the last few years, just to be able to report
what’s going on with our government? The chilling effect that this has
on—maybe not on you, but on many other journalists?
LAURA POITRAS:
Sure. I mean, I feel like I can’t talk about the work that I do in my
home, in my place of work, on my telephone, and sometimes in my country.
So the chilling effect is huge. It’s enormous.
AMY GOODMAN: You keep your computers and telephones away from conversations you’re having in a room?
LAURA POITRAS:
Yeah. When we had a meeting with you, remember, we told you—we kicked
all your cell phones and all your computers out of the room.
AMY GOODMAN: You un—the wired phone, you unwired.
LAURA POITRAS: Yeah.
AMY GOODMAN: My cell phone, you didn’t allow me to have it in the room. And you made sure there were no computers in the room.
LAURA POITRAS: Right.
AMY GOODMAN: Why?
LAURA POITRAS: Because we wanted—well, we wanted to talk about—because we were bringing—we were bringing William to New York. And—
AMY GOODMAN:
We have to leave it there, but we’re going to go online right now at
democracynow.org. We’re going to continue this conversation with Bill
Binney of the
NSA, formerly with
NSA; Laura Poitras and Jacob Appelbaum.
AMY GOODMAN:
Our guests are William Binney, who was technical director of the NSA’s
World Geopolitical and Military Analysis Reporting Group. He worked with
the
NSA for almost 40 years, National
Security Agency. We’re also joined by Laura Poitras, the Oscar-nominated
filmmaker, and Jacob Appelbaum, a computer security researcher.
You two have something in common with each other. You—every time you
come into the United States by plane, you are stopped, you are searched,
you are interrogated. Laura Poitras, tell us about your experience.
Your latest one?
LAURA POITRAS:
Right. Well, I mean, I’ve been stopped at the border since 2006, since I
started working on a series of films looking at U.S. post-9/11. And so,
I’ve been—I’ve actually lost count of how many times I’ve been detained
at the border, but it’s, I think, around 40 times. And—
AMY GOODMAN: Four-zero.
LAURA POITRAS:
Four-zero, right. And on this particular trip, lately they’ve been
actually sending someone from the Department of Homeland Security to
question me in the departing city, so I was questioned in London about
what I was doing. I told them I was a journalist and that, you know, my
work is protected, and I wasn’t going to discuss it. And then, on this
particular occasion, I landed at Newark Airport, and they—what they do
when I’m flying, they do passport control inspection at the gate. So
they make everyone who’s deplaning show their passport. And so, that’s
how they—
JUAN GONZALEZ: So they don’t even wait for you to get to Immigration.
LAURA POITRAS: No, I don’t get—I don’t get into Immigration. I get the escorted treatment from—
AMY GOODMAN: So they make everyone show the passport, until they get to you.
LAURA POITRAS: Right.
AMY GOODMAN: And then they take you off the plane.
LAURA POITRAS:
And then they take me away. And then I’m escorted, first through
Immigration. And so, this has been going on—you know, I’ve been through
this several times and kind of know how it goes. But what happened on
this particular trip, which was very disturbing, so—
AMY GOODMAN: Just a few weeks ago.
LAURA POITRAS:
Yeah. So I was met by two agents at Newark. One of them is Agent
Wassum. And I—when they met me, I took out my pen and paper to note
their names and the time and—because I’ve always taken notes, so I have a
record of the questions that I’m asked and how long I’m detained for,
what’s the focus of the interrogation, what they are doing to me. And on
this occasion, I took out my pen, and I was ordered to put away my pen.
And I didn’t, and I continued to take notes. And I was ordered again to
put away the pen, and I didn’t. And then he threatened to handcuff me
for not putting away my pen. And at that point, I put away my pen and
then walked to Immigration and took out my pen again to take notes, was
ordered again to put away my pen, and then was taken into secondary
screening. And I asked to speak to a supervisor, explained I was a
journalist, explained that legal counsel has told me that I should be
taking notes of my detention and interrogation. And then I was told that
I couldn’t take notes, that I was free to take notes after I was
finished being questioned. And then—
JUAN GONZALEZ: Under the theory that what? The pen was a weapon?
LAURA POITRAS:
Oh, yeah, that’s right. They said that my pen was a dangerous weapon.
So that’s what—that’s Agent Wassum who said that, that my pen was a
threat to them. And, you know, I mean, in terms of the context, you have
to understand that I’m surrounded by border agents who are all carrying
guns, and I’m taking out, you know, a pen that they find threatening.
And so, this was, you know, profoundly upsetting. And then I was taken
into—I was taken directly into an interrogation room and questioned. I
took out my pen again. I was ordered by another agent to put it away.
And this went on for quite some time. And I was told during this
interrogation—I mean, I’m always asserting my rights as a journalist to
not reveal my work, my sources.
AMY GOODMAN: You did a film on Yemen. You did a film on Iraq.
LAURA POITRAS:
Yeah, yeah, yeah. And so, this detention started after I finished the
first film in 2006, and which was about the occupation of Iraq. And I
was told that I was refusing to cooperate with an investigation. And
then he said, "Well, it wasn’t an investigation; it was questioning,"
but that I was refusing to cooperate. And then I asserted my rights,
that actually asserting one’s rights is not refusing to cooperate. And
so, this went on for quite some time. And, I mean, it’s something that’s
been happening for a while, and I’ve talked about it publicly, but also
have been hesitant to, because I don’t want to jeopardize the work that
I do.
AMY GOODMAN: They took your computer? They took—
LAURA POITRAS: Not on this trip, no. In the past, yeah.
AMY GOODMAN: They’ve taken your computer?
LAURA POITRAS: On one occasion, they took my computer.
AMY GOODMAN: They’ve taken your phone?
LAURA POITRAS:
Yeah. Yeah, on one occasion. I was actually—it was right after, a few
days after they—it was actually maybe a week after Jacob’s computer was
detained.
AMY GOODMAN: Democracy Now!
contacted the Department of Homeland Security for an explanation of why
you were detained and interrogated at the airport on April 5th. We
received a reply from Anthony Bucci, the public affairs
specialist—that’s B-U-C-C-I—in New York City for U.S. Customs and
Borders Protection. He emailed, quote: "Due to privacy laws, U.S.
Customs and Border Protection is prohibited from discussing specific
cases." He went on to write, quote: "Our dual mission is to facilitate
travel in the United States while we secure our borders, our people and
our visitors from those that would do us harm like terrorists and
terrorist weapons, criminals, and contraband." He did not answer our
additional questions.
LAURA POITRAS: Well, I guess they should add "journalist" to that list.
JUAN GONZALEZ: Jacob, your experiences entering the United States at various times?
JACOB APPELBAUM:
Well, after the summer of 2010, my life became a little hectic with
regard to flying. I do a lot of traveling, working with the Tor Project.
And after the summer of 2010, where I gave a speech at Hackers on
Planet Earth in place of Julian Assange, I was targeted by the U.S.
government and essentially, until the last four times that I’ve flown, I
was detained basically every time. Sometimes men would meet me at the
jetway, similarly, with guns.
AMY GOODMAN: Let us play that moment when you went to the
HOPE conference.
JACOB APPELBAUM: Oh, dear.
AMY GOODMAN:
Hackers on Planet Earth. Julian Assange was supposed to be there. He
wasn’t. You stood up. This is the beginning of what you said.
JACOB APPELBAUM:
Hello to all my friends and fans in domestic and international
surveillance. I’m here today because I believe that we can make a better
world.
AMY GOODMAN: And what did you go on to say?
JACOB APPELBAUM:
Basically, I went on to talk about how I feel that people like Bill
need to come forward to talk about what the U.S. government is doing, so
that we can make informed choices as a democracy. And I went on to talk
about how WikiLeaks is a part of making that happen. And as long as we
have excessive classification and secrecy, that we need a WikiLeaks, and
we need to stand in solidarity together, so that people will have the
information that they need to understand what’s actually happening in
their names.
JUAN GONZALEZ: You mentioned the Tor Project that you work with. What is it?
JACOB APPELBAUM:
The Tor Project is an anonymity network, which ensures that each person
has the right to read, without restriction, and the right to speak
freely, with no exception.
AMY GOODMAN: T-O-R?
JACOB APPELBAUM: TorProject.org.
And the basic idea is that every person in the world has the right to
read and the right to speak freely. And using their software, using
principles of mutual aid and solidarity—something familiar to
Democracy Now!
viewers, I imagine—it’s possible for everybody to use this anonymity
network, spread out across the planet. It’s a thing that’s useful for
resisting so-called lawful interception. So, for example, when Mubarak
in Egypt wants to wiretap someone, they only see an activist talking to
the Tor network; they don’t see that person connecting to Twitter. And
that is something that can be used by everybody everywhere to resist
so-called lawful interception.
JUAN GONZALEZ: And you use a program that was actually developed by the U.S. government?
JACOB APPELBAUM:
Well, yeah. So, originally, the Tor Project is born from ideas that
come from the anonymity community, of which the U.S. military has
actually contributed quite heavily to. But since the times of the
original onion routing patents, it has become a free software project,
where, as far as I know, the U.S. Navy has contributed zero lines of
code to it, but certainly lots of good ideas, because they understand,
as many other people do, that if everyone has anonymous communication,
that means everyone does, and if only special people do, it means that
you can tell that those are special people that have special privileges,
and you can basically see who they are.
So, for example, the Riseup Collective, which you mentioned earlier
on the show, they run a number of tor nodes. And I run some, and many
other people do. And as long as you get one good one, you have some of
the properties that you need. And this helps people to resist not just
so-called lawful interception, but also to resist censorship. So if you
can’t see inside of the communications, you can’t selectively
discriminate based on the content.
AMY GOODMAN: Just to say that in our news headlines today, we said the
FBI
has just seized a computer server at the New York facility shared by
the internet organization Riseup Networks and May First/People Link. But
I want to go back to your experience at the airport. If you could just
briefly say—I mean, it’s been dozens and dozens of times that you have—
JACOB APPELBAUM:
I don’t fly as much as Laura, and Laura has been at it for a lot longer
than I have. But in the period of time since they’ve started detaining
me, around a dozen-plus times. I’ve been detained a number of times. The
first time I was actually detained by the Immigration and Customs
Enforcement, I was put into a special room, where they frisked me, put
me up against the wall. One guy cupped me in a particularly
uncomfortable way. Another one held my wrists. They took my cell phones.
I’m not really actually able to talk about what happened to those next.
AMY GOODMAN: Why?
JACOB APPELBAUM:
Because we don’t live in a free country. And if I did, I guess I could
tell you about it, right? And they took my laptop, but they gave it
back. They were a little surprised it didn’t have a hard drive. I guess
that threw them for a loop. And, you know, then they interrogated me,
denied me access to a lawyer. And when they did the interrogation, they
has a member of the U.S. Army, on American soil. And they refused to let
me go. They tried—you know, they tried their usual scare tactics. So
they sort of implied that if I didn’t make a deal with them, that I’d be
sexually assaulted in prison, you know, which is the thing that they do
these days as a method of punitive punishment, and they of course
suggested that would happen.
AMY GOODMAN: How did they imply this?
JACOB APPELBAUM:
Well, you know, they say, "You know, computer hackers like to think
they’re all tough. But really, when it comes down to it, you don’t look
like you’re going to do so good in prison." You know, that kind of
stuff.
JUAN GONZALEZ: And what was the main thrust of the questions they were asking you?
JACOB APPELBAUM:
Well, they wanted to know about my political views. They wanted to know
about my work in any capacity as a journalist, actually, the notion
that I could be in some way associated with Julian. They wanted,
basically, to know any—
AMY GOODMAN: Julian Assange.
JACOB APPELBAUM:
Julian Assange, the one and only. And they wanted—they wanted,
essentially, to ask me questions about the Iraq war, the Afghan war,
what I thought politically. They didn’t ask me anything about terrorism.
They didn’t ask me anything about smuggling or drugs or any of the
customs things that you would expect customs to be doing. They didn’t
ask me if I had anything to declare about taxes, for example, or about
importing things. They did it purely for political reasons and to
intimidate me, denied me a lawyer. They gave me water, but refused me a
bathroom, to give you an idea about what they were doing.
AMY GOODMAN: What happened to your Twitter account?
JACOB APPELBAUM:
Well, the U.S. government, as I learned while I was in Iceland,
actually, sent what’s called an administrative subpoena, or a 2703(d)
order. And this is, essentially, less than a search warrant, and it
asserts that you can get just the metadata and that the third party
really doesn’t have a standing to challenge it, although in our case we
were very lucky, in that we got to have—Twitter actually did challenge
it, which was really wonderful. And we have been fighting this in court.
And without going into too much detail about the current court
proceedings, we lost a stay recently, which says that Twitter has to
give the data to the government. Twitter did, as I understand it,
produce that data, I was told. And that metadata actually paints—you
know, metadata and aggregate is content, and it paints a picture. So
that’s all the IP addresses I logged in from. It’s all of the, you know,
communications that are about my communications, which is Bill’s
specialty, and he can, I’m sure, talk about how dangerous that metadata
is.
JUAN GONZALEZ:
Well, I wanted to ask William Binney about this issue. When it comes to
snail mail, the old postal system, it’s very tough for the government
to intercept mail, except in times of war, particular situations. When
it comes to phone conversations, land phone conversations, you need a
warrant to be able to intercept phone conversations. But what about
email, and what about the communication now that is really the dominant
form that not only Americans, but many people around the world
communicate? What are the restrictions on the government in terms of
email?
WILLIAM BINNEY: Well, after some of the laws they passed, like the
PATRIOT
Act and their secret interpretation of Section 215, which is—my view,
of course, is same as Tom Drake’s, is that that gives them license to
take all the commercially held data about us, which is exceedingly
dangerous, because if you take that and put it into forms of graphing,
which is building relationships or social networks for everybody, and
then you watch it over time, you can build up knowledge about everyone
in the country. And having that knowledge then allows them the ability
to concoct all kinds of charges, if they want to target you. Like in my
case, they fabricated several charges and attempted to indict us on
them. Fortunately, we were able to produce evidence that would make them
look very silly in court, so they didn’t do it. In fact, it was—I was
basically assembling evidence of malicious prosecution, which was a
countercharge to them. So...
AMY GOODMAN: Do you believe all emails, the government has copies of, in the United States?
WILLIAM BINNEY: I would think—I believe they have most of them, yes.
AMY GOODMAN: And you’re speaking from a position where you would know, considering your position in the National Security Agency.
WILLIAM BINNEY:
Right. All they would have to do is put various Narus devices at
various points along the network, at choke points or convergent points,
where the network converges, and they could basically take down and have
copies of most everything on the network.
AMY GOODMAN: Jacob, your email?
JACOB APPELBAUM:
Well, I selectively chose to use certain public services, like
Sonic.net and Gmail, and I specifically did that so as to serve as a
warning to other people. I didn’t use it for anything interesting, never
once emailed Julian, for example, from those accounts. But the U.S.
government again asserted in those cases, according to the
Wall Street Journal,
which is one way to find out about what’s going on with you—they
asserted that they have the right to all that metadata. And it is
possible—on Monday, I had a little interaction with the
FBI,
where they sort of hinted that maybe there might be a national security
letter for one of my email accounts, which is also hosted by Google,
specifically because I want to serve as a canary in a coal mine for
other people.
AMY GOODMAN: A national security letter—it’s believed the government has given out hundreds of thousands of those.
JACOB APPELBAUM: Yeah.
AMY GOODMAN:
I have also written about NSLs. But if you get one, you are not allowed
to talk about it, on pain of something like up to five years in prison,
even to mention that you were handed a national security letter that
said turn something over.
JACOB APPELBAUM: Yeah. That was the case of Nick Merrill, for example, who’s a brave American, who essentially fought and won the
NSL that was handed down to him.
AMY GOODMAN: And the librarians of Connecticut—
JACOB APPELBAUM: Yes.
AMY GOODMAN: —who were taking on the
USA PATRIOT Act and didn’t want to give information over about patrons in the library that the
FBI wanted to get information on.
JACOB APPELBAUM: Right, absolutely. So, an
NSL, what’s specifically scary about it is that all that is required is for an
FBI
agent to assert that they need one, and that’s it. And you don’t have a
chance to have judicial review, because you aren’t the one served. Your
service provider will be served. And they can’t tell you, so you don’t
get your day in court.
AMY GOODMAN: Laura, can you set up this clip that we have?
LAURA POITRAS:
Yes, actually, this is what Jake was alluding to. On Monday, there was a
panel at the Open Society Institute. And Jake—and there was a deputy
general counsel of the
FBI who was present, and Jake had the opportunity to question her about national security letters.
JACOB APPELBAUM:
Are you including national security letters in your comment about
believing that there is judicial oversight with the FBI’s actions?
FBI DEPUTY GENERAL COUNSEL: National security letters and administrative subpoenas have the ability to have judicial oversight, yes.
JACOB APPELBAUM: How many of those actually do have judicial oversight, in percentage?
FBI DEPUTY GENERAL COUNSEL: What do you mean by that? How many have—
JACOB APPELBAUM: I mean, every time you get a national security letter, you have to go to a judge? Or—
FBI DEPUTY GENERAL COUNSEL:
No, as you well know, national security letters, just like
administrative subpoenas, you don’t have to go to a judge. The statute
does allow for the person on whom those are served to seek judicial
review. And people have done so.
JACOB APPELBAUM: And in the case of the third parties, such as, say, the 2703(d) orders that were served on my — according to the Wall Street Journal
— my Gmail account, my Twitter account, and my internet service
provider account, the third parties were prohibited from telling me
about it, so how am I supposed to go to a judge, if the third party is
gagged from telling me that I’m targeted by you?
FBI DEPUTY GENERAL COUNSEL:
There are times when we have to have those things in place. So, at some
point, obviously, you became aware. So at some point, the person does
become aware. But yes, the statute does allow us to do that. The statute
allows us.
AMY GOODMAN: Now, Jacob, explain who she was again.
JACOB APPELBAUM: So, my understanding is that she’s the deputy general counsel of the
FBI.
AMY GOODMAN: And the significance of what she has just said?
JACOB APPELBAUM:
Essentially, what she says is, "We are just and righteous because you
get judicial review. But there are some cases where you don’t, and we
are still just and righteous. And you should trust us, because
COINTELPRO will never happen again." That’s what I heard from that. And, in fact, later, someone asked about
COINTELPRO and said, "How can we" —
AMY GOODMAN: The counterintelligence program that targeted so many dissidents in the 1970s.
JACOB APPELBAUM: Yeah. Tried to get Martin Luther King Jr. to kill himself, for example. The
FBI
wrote him a letter and encouraged him to commit suicide. So for her to
suggest that it is just and right and that we should always trust them
sort of overlooks the historical problems with doing exactly that for
any people in a position of power, with no judicial oversight.
JUAN GONZALEZ:
William Binney, what about the companies that are approached by the
government to participate or facilitate the surveillance? Your sense of
the degree of opposition that they’re mounting, if at all? And also, has
there been any kind of qualitative change since the Obama
administration came in versus what the Bush administration was
practicing?
WILLIAM BINNEY:
Well, first of all, I don’t think any of them opposed it in any way. I
mean, they were approached to saying, "You’ll be patriotic if you
support us." So I think they saluted and said, "Yes, sir," and supported
them, because they were told it was legal, too. And then, of course,
they had to be given retroactive immunity for the crimes they were
committing. So—
JUAN GONZALEZ: Approved by President Obama.
WILLIAM BINNEY: And President Bush, yeah. It started with Bush, yeah.
JUAN GONZALEZ: And the differences in the administrations?
WILLIAM BINNEY:
Actually, I think the surveillance has increased. In fact, I would
suggest that they’ve assembled on the order of 20 trillion transactions
about U.S. citizens with other U.S. citizens.
AMY GOODMAN: How many?
WILLIAM BINNEY: Twenty trillion.
AMY GOODMAN: And you’re saying that this surveillance has increased? Not only the—
WILLIAM BINNEY: Yes.
AMY GOODMAN:
—targeting of whistleblowers, like your colleagues, like people like
Tom Drake, who are actually indicted under the Obama administration—
WILLIAM BINNEY: Right.
AMY GOODMAN: —more times—the number of people who have been indicted are more than all presidents combined in the past.
WILLIAM BINNEY:
Right. And I think it’s to silence what’s going on. But the point is,
the data that’s being assembled is about everybody. And from that data,
then they can target anyone they want.
AMY GOODMAN: Bill Binney, talk about Bluffdale, Utah. What is being built there?
WILLIAM BINNEY:
Well, a very large storage device, basically, for remote interrogation
and remote processing. That’s the way I view that. Because there’s not
enough people there to actually work the data there, so it’s being
worked somewhere else.
AMY GOODMAN: Where do you get the number 20 trillion?
WILLIAM BINNEY: Just by the numbers of telecoms, it appears to me, from the questions that
CNET
posed to them in 2006, and they published the names and how—what the
responses were. I looked at that and said that anybody that equivocated
was participating, and then estimated from that the numbers of
transactions. That, by the way, estimate only was involving phone calls
and emails. It didn’t involve any queries on the net or any
assembles—other—any financial transactions or credit card stuff, if
they’re assembling that. I do not know that, OK.
JUAN GONZALEZ:
And the original—the original allegations that you made, in terms of
the crimes being committed under the Bush administration in terms of the
rights of American citizens, could you detail those?
WILLIAM BINNEY:
Well, I made that—I reported the crime when I was raided in 2007. And
it was that Bush and Cheney and Hayden and Tenet conspired to subvert
the Constitution and violate various laws of the—that exist in the
statute at the time, and here’s how they did it. And I was reporting
this to the
FBI on my back porch during the
raid. And I went through Stellar Wind and told them what it did and what
the information it was using and how they were spying on—or assembling
data to be able to spy on any American.
AMY GOODMAN:
I want to go to a clip of Congress Member Hank Johnson—he’s the Georgia
Democrat—questioning National Security Administration director, General
Keith Alexander, last month, asking him whether the
NSA spies on U.S. citizens.
REP. HANK JOHNSON: Does the NSA routinely intercept American citizens’ emails?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: Does the NSA intercept Americans’ cell phone conversations?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: Google searches?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: Text messages?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: Amazon.com orders?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: Bank records?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: What judicial consent is required for NSA to intercept communications and information involving American citizens?
GEN. KEITH ALEXANDER: Within the United States, that would be the FBI lead. If it was a foreign actor in the United States, the FBI would still have the lead and could work that with NSA
or other intelligence agencies, as authorized. But to conduct that kind
of collection in the United States, it would have to go through a court
order, and the court would have to authorize it. We are not authorized
to do it, nor do we do it.
AMY GOODMAN: That was General Keith Alexander, the
NSA director, being questioned by Democratic Congress Member Hank Johnson. Bill Binney, he’s the head of your agency, of the
NSA. Explain what he’s saying—what he’s not saying, as well.
WILLIAM BINNEY:
Well, I think it’s—part of it is a term, how you use the term
"intercept," as to whether or not what they’re saying is, "We aren’t
actually looking at it, but we have it," you know, or whether or not
they’re actually collecting it and storing it somewhere.
JUAN GONZALEZ: So the mistake of the congressman was not to ask, "Are you collecting information?"
WILLIAM BINNEY:
Well, he also said things like, "We don’t collect" — or, "We don’t
collect against U.S. citizens unless we have a warrant." And then, at
the same time, he said that we don’t—at the same interview, he said, "We
don’t have the capability to collect inside this country." Well, those
are kind of contradictory.
AMY GOODMAN: Is he lying? Is General Keith Alexander lying?
WILLIAM BINNEY: I wouldn’t—you know, the point is how you split the words. I wouldn’t say "lying." It’s a kind of avoiding the issue.
AMY GOODMAN: Jacob Appelbaum, how does this relate to you? And how powerful is General Keith Alexander?
JACOB APPELBAUM: I was saying to Bill that I think he’s probably the most powerful person in the world, in the sense that—
AMY GOODMAN: More powerful than President Obama?
JACOB APPELBAUM:
Well, sure. I mean, if he controls the information that arrives on
Obama’s desk, and Obama makes decisions based on the things on his desk,
what decisions can he make, if—except the decisions presented to him by
the people he trusts? And when the people he trusts are the military,
the military makes the decisions, then the civilian government is not
actually in power.
AMY GOODMAN: Bill Binney, you’re nodding your head.
WILLIAM BINNEY:
Yes. I mean, well, for example, their responsibility is to interpret
what they have and report up echelon. So, I mean, that’s the
responsibility of all the intelligence agencies. So, they basically
filter the information to what they believe is important, which is what
they should do, because, you know, they’re occupying—it takes time for
leaders to review material to make decisions. So they have to boil it
down as best they can. So it’s a function of their processing, but it is
important that they do it correctly to make sure the information that
gets there is correct and complete as it can.
AMY GOODMAN: Is General Alexander more powerful than President Obama?
WILLIAM BINNEY: In the sense of making—of presenting information for decision making, sure.
JUAN GONZALEZ:
And Laura, the impact on journalists, who have to go through what you
go—you’ve gone through the last few years, just to be able to report
what’s going on with our government? The chilling effect that this has
on—maybe not on you, but on many other journalists?
LAURA POITRAS:
Sure. I mean, I feel like I can’t talk about the work that I do in my
home, in my place of work, on my telephone, and sometimes in my country.
So the chilling effect is huge. It’s enormous.
AMY GOODMAN: You keep your computers and telephones away from conversations you’re having in a room?
LAURA POITRAS:
Yeah. When we had a meeting with you, remember, we told you—we kicked
all your cell phones and all your computers out of the room.
AMY GOODMAN: You un—the wired phone, you unwired.
LAURA POITRAS: Yeah.
AMY GOODMAN: My cell phone, you didn’t allow me to have it in the room. And you made sure there were no computers in the room.
LAURA POITRAS: Right.
AMY GOODMAN: Why?
LAURA POITRAS: Because we wanted—well, we wanted to talk about—because we were bringing—we were bringing William to New York. And—
AMY GOODMAN:
We have to leave it there, but we’re going to go online right now at
democracynow.org. We’re going to continue this conversation with Bill
Binney of the
NSA, formerly with
NSA; Laura Poitras and Jacob Appelbaum.
National Security Agency whistleblower William Binney reveals he
believes domestic surveillance has become more expansive under President
Obama than President George W. Bush. He estimates the NSA has assembled
20 trillion "transactions" — phone calls, emails and other forms of
data — from Americans. This likely includes copies of almost all of the
emails sent and received from most people living in the United States.
Binney talks about Section 215 of the USA PATRIOT Act and challenges NSA
Director Keith Alexander’s assertion that the NSA is not intercepting
information about U.S. citizens.
National Security Agency whistleblower William Binney reveals he
believes domestic surveillance has become more expansive under President
Obama than President George W. Bush. He estimates the
NSA
has assembled 20 trillion "transactions" — phone calls, emails and
other forms of data — from Americans. This likely includes copies of
almost all of the emails sent and received from most people living in
the United States. Binney talks about Section 215 of the
USA PATRIOT Act and challenges
NSA Director Keith Alexander’s assertion that the
NSA is not intercepting information about U.S. citizens.
This interview is part of a 4-part special. Click here to see segment 1, 2, and 4. [includes rush transcript]
Guests:
William Binney, served in the
NSA
for over 30 years, including a time as director of the NSA’s World
Geopolitical and Military Analysis Reporting Group. Since retiring from
the
NSA in 2001, he has warned that the NSA’s data-mining program has become so vast that it could "create an Orwellian state."
Jacob Appelbaum,
a computer security researcher who has volunteered with WikiLeaks. He
is a developer and advocate for the Tor Project, a network enabling its
users to communicate anonymously on the internet.
Laura Poitras,
an award-winning documentary filmmaker and producer. She is working on
the third part of a trilogy of films about America post-9/11. The first
film was
My Country, My Country," and the second was
The Oath.
JUAN GONZALEZ:
Well, I wanted to ask William Binney about this issue. When it comes to
snail mail, the old postal system, it’s very tough for the government
to intercept mail, except in times of war, particular situations. When
it comes to phone conversations, land phone conversations, you need a
warrant to be able to intercept phone conversations. But what about
email, and what about the communication now that is really the dominant
form that not only Americans, but many people around the world
communicate? What are the restrictions on the government in terms of
email?
WILLIAM BINNEY: Well, after some of the laws they passed, like the
PATRIOT
Act and their secret interpretation of Section 215, which is—my view,
of course, is same as Tom Drake’s, is that that gives them license to
take all the commercially held data about us, which is exceedingly
dangerous, because if you take that and put it into forms of graphing,
which is building relationships or social networks for everybody, and
then you watch it over time, you can build up knowledge about everyone
in the country. And having that knowledge then allows them the ability
to concoct all kinds of charges, if they want to target you. Like in my
case, they fabricated several charges and attempted to indict us on
them. Fortunately, we were able to produce evidence that would make them
look very silly in court, so they didn’t do it. In fact, it was—I was
basically assembling evidence of malicious prosecution, which was a
countercharge to them. So...
AMY GOODMAN: Do you believe all emails, the government has copies of, in the United States?
WILLIAM BINNEY: I would think—I believe they have most of them, yes.
AMY GOODMAN: And you’re speaking from a position where you would know, considering your position in the National Security Agency.
WILLIAM BINNEY:
Right. All they would have to do is put various Narus devices at
various points along the network, at choke points or convergent points,
where the network converges, and they could basically take down and have
copies of most everything on the network.
AMY GOODMAN: Jacob, your email?
JACOB APPELBAUM:
Well, I selectively chose to use certain public services, like
Sonic.net and Gmail, and I specifically did that so as to serve as a
warning to other people. I didn’t use it for anything interesting, never
once emailed Julian, for example, from those accounts. But the U.S.
government again asserted in those cases, according to the
Wall Street Journal,
which is one way to find out about what’s going on with you—they
asserted that they have the right to all that metadata. And it is
possible—on Monday, I had a little interaction with the
FBI,
where they sort of hinted that maybe there might be a national security
letter for one of my email accounts, which is also hosted by Google,
specifically because I want to serve as a canary in a coal mine for
other people.
AMY GOODMAN: A national security letter—it’s believed the government has given out hundreds of thousands of those.
JACOB APPELBAUM: Yeah.
AMY GOODMAN:
I have also written about NSLs. But if you get one, you are not allowed
to talk about it, on pain of something like up to five years in prison,
even to mention that you were handed a national security letter that
said turn something over.
JACOB APPELBAUM: Yeah. That was the case of Nick Merrill, for example, who’s a brave American, who essentially fought and won the
NSL that was handed down to him.
AMY GOODMAN: And the librarians of Connecticut—
JACOB APPELBAUM: Yes.
AMY GOODMAN: —who were taking on the
USA PATRIOT Act and didn’t want to give information over about patrons in the library that the
FBI wanted to get information on.
JACOB APPELBAUM: Right, absolutely. So, an
NSL, what’s specifically scary about it is that all that is required is for an
FBI
agent to assert that they need one, and that’s it. And you don’t have a
chance to have judicial review, because you aren’t the one served. Your
service provider will be served. And they can’t tell you, so you don’t
get your day in court.
AMY GOODMAN: Laura, can you set up this clip that we have?
LAURA POITRAS:
Yes, actually, this is what Jake was alluding to. On Monday, there was a
panel at the Open Society Institute. And Jake—and there was a deputy
general counsel of the
FBI who was present, and Jake had the opportunity to question her about national security letters.
JACOB APPELBAUM:
Are you including national security letters in your comment about
believing that there is judicial oversight with the FBI’s actions?
FBI DEPUTY GENERAL COUNSEL: National security letters and administrative subpoenas have the ability to have judicial oversight, yes.
JACOB APPELBAUM: How many of those actually do have judicial oversight, in percentage?
FBI DEPUTY GENERAL COUNSEL: What do you mean by that? How many have—
JACOB APPELBAUM: I mean, every time you get a national security letter, you have to go to a judge? Or—
FBI DEPUTY GENERAL COUNSEL:
No, as you well know, national security letters, just like
administrative subpoenas, you don’t have to go to a judge. The statute
does allow for the person on whom those are served to seek judicial
review. And people have done so.
JACOB APPELBAUM: And in the case of the third parties, such as, say, the 2703(d) orders that were served on my — according to the Wall Street Journal
— my Gmail account, my Twitter account, and my internet service
provider account, the third parties were prohibited from telling me
about it, so how am I supposed to go to a judge, if the third party is
gagged from telling me that I’m targeted by you?
FBI DEPUTY GENERAL COUNSEL:
There are times when we have to have those things in place. So, at some
point, obviously, you became aware. So at some point, the person does
become aware. But yes, the statute does allow us to do that. The statute
allows us.
AMY GOODMAN: Now, Jacob, explain who she was again.
JACOB APPELBAUM: So, my understanding is that she’s the deputy general counsel of the
FBI.
AMY GOODMAN: And the significance of what she has just said?
JACOB APPELBAUM:
Essentially, what she says is, "We are just and righteous because you
get judicial review. But there are some cases where you don’t, and we
are still just and righteous. And you should trust us, because
COINTELPRO will never happen again." That’s what I heard from that. And, in fact, later, someone asked about
COINTELPRO and said, "How can we" —
AMY GOODMAN: The counterintelligence program that targeted so many dissidents in the 1970s.
JACOB APPELBAUM: Yeah. Tried to get Martin Luther King Jr. to kill himself, for example. The
FBI
wrote him a letter and encouraged him to commit suicide. So for her to
suggest that it is just and right and that we should always trust them
sort of overlooks the historical problems with doing exactly that for
any people in a position of power, with no judicial oversight.
JUAN GONZALEZ:
William Binney, what about the companies that are approached by the
government to participate or facilitate the surveillance? Your sense of
the degree of opposition that they’re mounting, if at all? And also, has
there been any kind of qualitative change since the Obama
administration came in versus what the Bush administration was
practicing?
WILLIAM BINNEY:
Well, first of all, I don’t think any of them opposed it in any way. I
mean, they were approached to saying, "You’ll be patriotic if you
support us." So I think they saluted and said, "Yes, sir," and supported
them, because they were told it was legal, too. And then, of course,
they had to be given retroactive immunity for the crimes they were
committing. So—
JUAN GONZALEZ: Approved by President Obama.
WILLIAM BINNEY: And President Bush, yeah. It started with Bush, yeah.
JUAN GONZALEZ: And the differences in the administrations?
WILLIAM BINNEY:
Actually, I think the surveillance has increased. In fact, I would
suggest that they’ve assembled on the order of 20 trillion transactions
about U.S. citizens with other U.S. citizens.
AMY GOODMAN: How many?
WILLIAM BINNEY: Twenty trillion.
AMY GOODMAN: And you’re saying that this surveillance has increased? Not only the—
WILLIAM BINNEY: Yes.
AMY GOODMAN:
—targeting of whistleblowers, like your colleagues, like people like
Tom Drake, who are actually indicted under the Obama administration—
WILLIAM BINNEY: Right.
AMY GOODMAN: —more times—the number of people who have been indicted are more than all presidents combined in the past.
WILLIAM BINNEY:
Right. And I think it’s to silence what’s going on. But the point is,
the data that’s being assembled is about everybody. And from that data,
then they can target anyone they want.
AMY GOODMAN: Bill Binney, talk about Bluffdale, Utah. What is being built there?
WILLIAM BINNEY:
Well, a very large storage device, basically, for remote interrogation
and remote processing. That’s the way I view that. Because there’s not
enough people there to actually work the data there, so it’s being
worked somewhere else.
AMY GOODMAN: Where do you get the number 20 trillion?
WILLIAM BINNEY: Just by the numbers of telecoms, it appears to me, from the questions that
CNET
posed to them in 2006, and they published the names and how—what the
responses were. I looked at that and said that anybody that equivocated
was participating, and then estimated from that the numbers of
transactions. That, by the way, estimate only was involving phone calls
and emails. It didn’t involve any queries on the net or any
assembles—other—any financial transactions or credit card stuff, if
they’re assembling that. I do not know that, OK.
JUAN GONZALEZ:
And the original—the original allegations that you made, in terms of
the crimes being committed under the Bush administration in terms of the
rights of American citizens, could you detail those?
WILLIAM BINNEY:
Well, I made that—I reported the crime when I was raided in 2007. And
it was that Bush and Cheney and Hayden and Tenet conspired to subvert
the Constitution and violate various laws of the—that exist in the
statute at the time, and here’s how they did it. And I was reporting
this to the
FBI on my back porch during the
raid. And I went through Stellar Wind and told them what it did and what
the information it was using and how they were spying on—or assembling
data to be able to spy on any American.
AMY GOODMAN:
I want to go to a clip of Congress Member Hank Johnson—he’s the Georgia
Democrat—questioning National Security Administration director, General
Keith Alexander, last month, asking him whether the
NSA spies on U.S. citizens.
REP. HANK JOHNSON: Does the NSA routinely intercept American citizens’ emails?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: Does the NSA intercept Americans’ cell phone conversations?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: Google searches?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: Text messages?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: Amazon.com orders?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: Bank records?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: What judicial consent is required for NSA to intercept communications and information involving American citizens?
GEN. KEITH ALEXANDER: Within the United States, that would be the FBI lead. If it was a foreign actor in the United States, the FBI would still have the lead and could work that with NSA
or other intelligence agencies, as authorized. But to conduct that kind
of collection in the United States, it would have to go through a court
order, and the court would have to authorize it. We are not authorized
to do it, nor do we do it.
AMY GOODMAN: That was General Keith Alexander, the
NSA director, being questioned by Democratic Congress Member Hank Johnson. Bill Binney, he’s the head of your agency, of the
NSA. Explain what he’s saying—what he’s not saying, as well.
WILLIAM BINNEY:
Well, I think it’s—part of it is a term, how you use the term
"intercept," as to whether or not what they’re saying is, "We aren’t
actually looking at it, but we have it," you know, or whether or not
they’re actually collecting it and storing it somewhere.
JUAN GONZALEZ: So the mistake of the congressman was not to ask, "Are you collecting information?"
WILLIAM BINNEY:
Well, he also said things like, "We don’t collect" — or, "We don’t
collect against U.S. citizens unless we have a warrant." And then, at
the same time, he said that we don’t—at the same interview, he said, "We
don’t have the capability to collect inside this country." Well, those
are kind of contradictory.
AMY GOODMAN: Is he lying? Is General Keith Alexander lying?
WILLIAM BINNEY: I wouldn’t—you know, the point is how you split the words. I wouldn’t say "lying." It’s a kind of avoiding the issue.
AMY GOODMAN: Jacob Appelbaum, how does this relate to you? And how powerful is General Keith Alexander?
JACOB APPELBAUM: I was saying to Bill that I think he’s probably the most powerful person in the world, in the sense that—
AMY GOODMAN: More powerful than President Obama?
JACOB APPELBAUM:
Well, sure. I mean, if he controls the information that arrives on
Obama’s desk, and Obama makes decisions based on the things on his desk,
what decisions can he make, if—except the decisions presented to him by
the people he trusts? And when the people he trusts are the military,
the military makes the decisions, then the civilian government is not
actually in power.
AMY GOODMAN: Bill Binney, you’re nodding your head.
WILLIAM BINNEY:
Yes. I mean, well, for example, their responsibility is to interpret
what they have and report up echelon. So, I mean, that’s the
responsibility of all the intelligence agencies. So, they basically
filter the information to what they believe is important, which is what
they should do, because, you know, they’re occupying—it takes time for
leaders to review material to make decisions. So they have to boil it
down as best they can. So it’s a function of their processing, but it is
important that they do it correctly to make sure the information that
gets there is correct and complete as it can.
AMY GOODMAN: Is General Alexander more powerful than President Obama?
WILLIAM BINNEY: In the sense of making—of presenting information for decision making, sure.
JUAN GONZALEZ:
And Laura, the impact on journalists, who have to go through what you
go—you’ve gone through the last few years, just to be able to report
what’s going on with our government? The chilling effect that this has
on—maybe not on you, but on many other journalists?
LAURA POITRAS:
Sure. I mean, I feel like I can’t talk about the work that I do in my
home, in my place of work, on my telephone, and sometimes in my country.
So the chilling effect is huge. It’s enormous.
AMY GOODMAN: You keep your computers and telephones away from conversations you’re having in a room?
LAURA POITRAS:
Yeah. When we had a meeting with you, remember, we told you—we kicked
all your cell phones and all your computers out of the room.
AMY GOODMAN: You un—the wired phone, you unwired.
LAURA POITRAS: Yeah.
AMY GOODMAN: My cell phone, you didn’t allow me to have it in the room. And you made sure there were no computers in the room.
LAURA POITRAS: Right.
AMY GOODMAN: Why?
LAURA POITRAS: Because we wanted—well, we wanted to talk about—because we were bringing—we were bringing William to New York. And—
AMY GOODMAN:
We have to leave it there, but we’re going to go online right now at
democracynow.org. We’re going to continue this conversation with Bill
Binney of the
NSA, formerly with
NSA; Laura Poitras and Jacob Appelbaum.
AMY GOODMAN:
Our guests are William Binney, who was technical director of the NSA’s
World Geopolitical and Military Analysis Reporting Group. He worked with
the
NSA for almost 40 years, National
Security Agency. We’re also joined by Laura Poitras, the Oscar-nominated
filmmaker, and Jacob Appelbaum, a computer security researcher.
You two have something in common with each other. You—every time you
come into the United States by plane, you are stopped, you are searched,
you are interrogated. Laura Poitras, tell us about your experience.
Your latest one?
LAURA POITRAS:
Right. Well, I mean, I’ve been stopped at the border since 2006, since I
started working on a series of films looking at U.S. post-9/11. And so,
I’ve been—I’ve actually lost count of how many times I’ve been detained
at the border, but it’s, I think, around 40 times. And—
AMY GOODMAN: Four-zero.
LAURA POITRAS:
Four-zero, right. And on this particular trip, lately they’ve been
actually sending someone from the Department of Homeland Security to
question me in the departing city, so I was questioned in London about
what I was doing. I told them I was a journalist and that, you know, my
work is protected, and I wasn’t going to discuss it. And then, on this
particular occasion, I landed at Newark Airport, and they—what they do
when I’m flying, they do passport control inspection at the gate. So
they make everyone who’s deplaning show their passport. And so, that’s
how they—
JUAN GONZALEZ: So they don’t even wait for you to get to Immigration.
LAURA POITRAS: No, I don’t get—I don’t get into Immigration. I get the escorted treatment from—
AMY GOODMAN: So they make everyone show the passport, until they get to you.
LAURA POITRAS: Right.
AMY GOODMAN: And then they take you off the plane.
LAURA POITRAS:
And then they take me away. And then I’m escorted, first through
Immigration. And so, this has been going on—you know, I’ve been through
this several times and kind of know how it goes. But what happened on
this particular trip, which was very disturbing, so—
AMY GOODMAN: Just a few weeks ago.
LAURA POITRAS:
Yeah. So I was met by two agents at Newark. One of them is Agent
Wassum. And I—when they met me, I took out my pen and paper to note
their names and the time and—because I’ve always taken notes, so I have a
record of the questions that I’m asked and how long I’m detained for,
what’s the focus of the interrogation, what they are doing to me. And on
this occasion, I took out my pen, and I was ordered to put away my pen.
And I didn’t, and I continued to take notes. And I was ordered again to
put away the pen, and I didn’t. And then he threatened to handcuff me
for not putting away my pen. And at that point, I put away my pen and
then walked to Immigration and took out my pen again to take notes, was
ordered again to put away my pen, and then was taken into secondary
screening. And I asked to speak to a supervisor, explained I was a
journalist, explained that legal counsel has told me that I should be
taking notes of my detention and interrogation. And then I was told that
I couldn’t take notes, that I was free to take notes after I was
finished being questioned. And then—
JUAN GONZALEZ: Under the theory that what? The pen was a weapon?
LAURA POITRAS:
Oh, yeah, that’s right. They said that my pen was a dangerous weapon.
So that’s what—that’s Agent Wassum who said that, that my pen was a
threat to them. And, you know, I mean, in terms of the context, you have
to understand that I’m surrounded by border agents who are all carrying
guns, and I’m taking out, you know, a pen that they find threatening.
And so, this was, you know, profoundly upsetting. And then I was taken
into—I was taken directly into an interrogation room and questioned. I
took out my pen again. I was ordered by another agent to put it away.
And this went on for quite some time. And I was told during this
interrogation—I mean, I’m always asserting my rights as a journalist to
not reveal my work, my sources.
AMY GOODMAN: You did a film on Yemen. You did a film on Iraq.
LAURA POITRAS:
Yeah, yeah, yeah. And so, this detention started after I finished the
first film in 2006, and which was about the occupation of Iraq. And I
was told that I was refusing to cooperate with an investigation. And
then he said, "Well, it wasn’t an investigation; it was questioning,"
but that I was refusing to cooperate. And then I asserted my rights,
that actually asserting one’s rights is not refusing to cooperate. And
so, this went on for quite some time. And, I mean, it’s something that’s
been happening for a while, and I’ve talked about it publicly, but also
have been hesitant to, because I don’t want to jeopardize the work that
I do.
AMY GOODMAN: They took your computer? They took—
LAURA POITRAS: Not on this trip, no. In the past, yeah.
AMY GOODMAN: They’ve taken your computer?
LAURA POITRAS: On one occasion, they took my computer.
AMY GOODMAN: They’ve taken your phone?
LAURA POITRAS:
Yeah. Yeah, on one occasion. I was actually—it was right after, a few
days after they—it was actually maybe a week after Jacob’s computer was
detained.
AMY GOODMAN: Democracy Now!
contacted the Department of Homeland Security for an explanation of why
you were detained and interrogated at the airport on April 5th. We
received a reply from Anthony Bucci, the public affairs
specialist—that’s B-U-C-C-I—in New York City for U.S. Customs and
Borders Protection. He emailed, quote: "Due to privacy laws, U.S.
Customs and Border Protection is prohibited from discussing specific
cases." He went on to write, quote: "Our dual mission is to facilitate
travel in the United States while we secure our borders, our people and
our visitors from those that would do us harm like terrorists and
terrorist weapons, criminals, and contraband." He did not answer our
additional questions.
LAURA POITRAS: Well, I guess they should add "journalist" to that list.
JUAN GONZALEZ: Jacob, your experiences entering the United States at various times?
JACOB APPELBAUM:
Well, after the summer of 2010, my life became a little hectic with
regard to flying. I do a lot of traveling, working with the Tor Project.
And after the summer of 2010, where I gave a speech at Hackers on
Planet Earth in place of Julian Assange, I was targeted by the U.S.
government and essentially, until the last four times that I’ve flown, I
was detained basically every time. Sometimes men would meet me at the
jetway, similarly, with guns.
AMY GOODMAN: Let us play that moment when you went to the
HOPE conference.
JACOB APPELBAUM: Oh, dear.
AMY GOODMAN:
Hackers on Planet Earth. Julian Assange was supposed to be there. He
wasn’t. You stood up. This is the beginning of what you said.
JACOB APPELBAUM:
Hello to all my friends and fans in domestic and international
surveillance. I’m here today because I believe that we can make a better
world.
AMY GOODMAN: And what did you go on to say?
JACOB APPELBAUM:
Basically, I went on to talk about how I feel that people like Bill
need to come forward to talk about what the U.S. government is doing, so
that we can make informed choices as a democracy. And I went on to talk
about how WikiLeaks is a part of making that happen. And as long as we
have excessive classification and secrecy, that we need a WikiLeaks, and
we need to stand in solidarity together, so that people will have the
information that they need to understand what’s actually happening in
their names.
JUAN GONZALEZ: You mentioned the Tor Project that you work with. What is it?
JACOB APPELBAUM:
The Tor Project is an anonymity network, which ensures that each person
has the right to read, without restriction, and the right to speak
freely, with no exception.
AMY GOODMAN: T-O-R?
JACOB APPELBAUM: TorProject.org.
And the basic idea is that every person in the world has the right to
read and the right to speak freely. And using their software, using
principles of mutual aid and solidarity—something familiar to
Democracy Now!
viewers, I imagine—it’s possible for everybody to use this anonymity
network, spread out across the planet. It’s a thing that’s useful for
resisting so-called lawful interception. So, for example, when Mubarak
in Egypt wants to wiretap someone, they only see an activist talking to
the Tor network; they don’t see that person connecting to Twitter. And
that is something that can be used by everybody everywhere to resist
so-called lawful interception.
JUAN GONZALEZ: And you use a program that was actually developed by the U.S. government?
JACOB APPELBAUM:
Well, yeah. So, originally, the Tor Project is born from ideas that
come from the anonymity community, of which the U.S. military has
actually contributed quite heavily to. But since the times of the
original onion routing patents, it has become a free software project,
where, as far as I know, the U.S. Navy has contributed zero lines of
code to it, but certainly lots of good ideas, because they understand,
as many other people do, that if everyone has anonymous communication,
that means everyone does, and if only special people do, it means that
you can tell that those are special people that have special privileges,
and you can basically see who they are.
So, for example, the Riseup Collective, which you mentioned earlier
on the show, they run a number of tor nodes. And I run some, and many
other people do. And as long as you get one good one, you have some of
the properties that you need. And this helps people to resist not just
so-called lawful interception, but also to resist censorship. So if you
can’t see inside of the communications, you can’t selectively
discriminate based on the content.
AMY GOODMAN: Just to say that in our news headlines today, we said the
FBI
has just seized a computer server at the New York facility shared by
the internet organization Riseup Networks and May First/People Link. But
I want to go back to your experience at the airport. If you could just
briefly say—I mean, it’s been dozens and dozens of times that you have—
JACOB APPELBAUM:
I don’t fly as much as Laura, and Laura has been at it for a lot longer
than I have. But in the period of time since they’ve started detaining
me, around a dozen-plus times. I’ve been detained a number of times. The
first time I was actually detained by the Immigration and Customs
Enforcement, I was put into a special room, where they frisked me, put
me up against the wall. One guy cupped me in a particularly
uncomfortable way. Another one held my wrists. They took my cell phones.
I’m not really actually able to talk about what happened to those next.
AMY GOODMAN: Why?
JACOB APPELBAUM:
Because we don’t live in a free country. And if I did, I guess I could
tell you about it, right? And they took my laptop, but they gave it
back. They were a little surprised it didn’t have a hard drive. I guess
that threw them for a loop. And, you know, then they interrogated me,
denied me access to a lawyer. And when they did the interrogation, they
has a member of the U.S. Army, on American soil. And they refused to let
me go. They tried—you know, they tried their usual scare tactics. So
they sort of implied that if I didn’t make a deal with them, that I’d be
sexually assaulted in prison, you know, which is the thing that they do
these days as a method of punitive punishment, and they of course
suggested that would happen.
AMY GOODMAN: How did they imply this?
JACOB APPELBAUM:
Well, you know, they say, "You know, computer hackers like to think
they’re all tough. But really, when it comes down to it, you don’t look
like you’re going to do so good in prison." You know, that kind of
stuff.
JUAN GONZALEZ: And what was the main thrust of the questions they were asking you?
JACOB APPELBAUM:
Well, they wanted to know about my political views. They wanted to know
about my work in any capacity as a journalist, actually, the notion
that I could be in some way associated with Julian. They wanted,
basically, to know any—
AMY GOODMAN: Julian Assange.
JACOB APPELBAUM:
Julian Assange, the one and only. And they wanted—they wanted,
essentially, to ask me questions about the Iraq war, the Afghan war,
what I thought politically. They didn’t ask me anything about terrorism.
They didn’t ask me anything about smuggling or drugs or any of the
customs things that you would expect customs to be doing. They didn’t
ask me if I had anything to declare about taxes, for example, or about
importing things. They did it purely for political reasons and to
intimidate me, denied me a lawyer. They gave me water, but refused me a
bathroom, to give you an idea about what they were doing.
AMY GOODMAN: What happened to your Twitter account?
JACOB APPELBAUM:
Well, the U.S. government, as I learned while I was in Iceland,
actually, sent what’s called an administrative subpoena, or a 2703(d)
order. And this is, essentially, less than a search warrant, and it
asserts that you can get just the metadata and that the third party
really doesn’t have a standing to challenge it, although in our case we
were very lucky, in that we got to have—Twitter actually did challenge
it, which was really wonderful. And we have been fighting this in court.
And without going into too much detail about the current court
proceedings, we lost a stay recently, which says that Twitter has to
give the data to the government. Twitter did, as I understand it,
produce that data, I was told. And that metadata actually paints—you
know, metadata and aggregate is content, and it paints a picture. So
that’s all the IP addresses I logged in from. It’s all of the, you know,
communications that are about my communications, which is Bill’s
specialty, and he can, I’m sure, talk about how dangerous that metadata
is.
JUAN GONZALEZ:
Well, I wanted to ask William Binney about this issue. When it comes to
snail mail, the old postal system, it’s very tough for the government
to intercept mail, except in times of war, particular situations. When
it comes to phone conversations, land phone conversations, you need a
warrant to be able to intercept phone conversations. But what about
email, and what about the communication now that is really the dominant
form that not only Americans, but many people around the world
communicate? What are the restrictions on the government in terms of
email?
WILLIAM BINNEY: Well, after some of the laws they passed, like the
PATRIOT
Act and their secret interpretation of Section 215, which is—my view,
of course, is same as Tom Drake’s, is that that gives them license to
take all the commercially held data about us, which is exceedingly
dangerous, because if you take that and put it into forms of graphing,
which is building relationships or social networks for everybody, and
then you watch it over time, you can build up knowledge about everyone
in the country. And having that knowledge then allows them the ability
to concoct all kinds of charges, if they want to target you. Like in my
case, they fabricated several charges and attempted to indict us on
them. Fortunately, we were able to produce evidence that would make them
look very silly in court, so they didn’t do it. In fact, it was—I was
basically assembling evidence of malicious prosecution, which was a
countercharge to them. So...
AMY GOODMAN: Do you believe all emails, the government has copies of, in the United States?
WILLIAM BINNEY: I would think—I believe they have most of them, yes.
AMY GOODMAN: And you’re speaking from a position where you would know, considering your position in the National Security Agency.
WILLIAM BINNEY:
Right. All they would have to do is put various Narus devices at
various points along the network, at choke points or convergent points,
where the network converges, and they could basically take down and have
copies of most everything on the network.
AMY GOODMAN: Jacob, your email?
JACOB APPELBAUM:
Well, I selectively chose to use certain public services, like
Sonic.net and Gmail, and I specifically did that so as to serve as a
warning to other people. I didn’t use it for anything interesting, never
once emailed Julian, for example, from those accounts. But the U.S.
government again asserted in those cases, according to the
Wall Street Journal,
which is one way to find out about what’s going on with you—they
asserted that they have the right to all that metadata. And it is
possible—on Monday, I had a little interaction with the
FBI,
where they sort of hinted that maybe there might be a national security
letter for one of my email accounts, which is also hosted by Google,
specifically because I want to serve as a canary in a coal mine for
other people.
AMY GOODMAN: A national security letter—it’s believed the government has given out hundreds of thousands of those.
JACOB APPELBAUM: Yeah.
AMY GOODMAN:
I have also written about NSLs. But if you get one, you are not allowed
to talk about it, on pain of something like up to five years in prison,
even to mention that you were handed a national security letter that
said turn something over.
JACOB APPELBAUM: Yeah. That was the case of Nick Merrill, for example, who’s a brave American, who essentially fought and won the
NSL that was handed down to him.
AMY GOODMAN: And the librarians of Connecticut—
JACOB APPELBAUM: Yes.
AMY GOODMAN: —who were taking on the
USA PATRIOT Act and didn’t want to give information over about patrons in the library that the
FBI wanted to get information on.
JACOB APPELBAUM: Right, absolutely. So, an
NSL, what’s specifically scary about it is that all that is required is for an
FBI
agent to assert that they need one, and that’s it. And you don’t have a
chance to have judicial review, because you aren’t the one served. Your
service provider will be served. And they can’t tell you, so you don’t
get your day in court.
AMY GOODMAN: Laura, can you set up this clip that we have?
LAURA POITRAS:
Yes, actually, this is what Jake was alluding to. On Monday, there was a
panel at the Open Society Institute. And Jake—and there was a deputy
general counsel of the
FBI who was present, and Jake had the opportunity to question her about national security letters.
JACOB APPELBAUM:
Are you including national security letters in your comment about
believing that there is judicial oversight with the FBI’s actions?
FBI DEPUTY GENERAL COUNSEL: National security letters and administrative subpoenas have the ability to have judicial oversight, yes.
JACOB APPELBAUM: How many of those actually do have judicial oversight, in percentage?
FBI DEPUTY GENERAL COUNSEL: What do you mean by that? How many have—
JACOB APPELBAUM: I mean, every time you get a national security letter, you have to go to a judge? Or—
FBI DEPUTY GENERAL COUNSEL:
No, as you well know, national security letters, just like
administrative subpoenas, you don’t have to go to a judge. The statute
does allow for the person on whom those are served to seek judicial
review. And people have done so.
JACOB APPELBAUM: And in the case of the third parties, such as, say, the 2703(d) orders that were served on my — according to the Wall Street Journal
— my Gmail account, my Twitter account, and my internet service
provider account, the third parties were prohibited from telling me
about it, so how am I supposed to go to a judge, if the third party is
gagged from telling me that I’m targeted by you?
FBI DEPUTY GENERAL COUNSEL:
There are times when we have to have those things in place. So, at some
point, obviously, you became aware. So at some point, the person does
become aware. But yes, the statute does allow us to do that. The statute
allows us.
AMY GOODMAN: Now, Jacob, explain who she was again.
JACOB APPELBAUM: So, my understanding is that she’s the deputy general counsel of the
FBI.
AMY GOODMAN: And the significance of what she has just said?
JACOB APPELBAUM:
Essentially, what she says is, "We are just and righteous because you
get judicial review. But there are some cases where you don’t, and we
are still just and righteous. And you should trust us, because
COINTELPRO will never happen again." That’s what I heard from that. And, in fact, later, someone asked about
COINTELPRO and said, "How can we" —
AMY GOODMAN: The counterintelligence program that targeted so many dissidents in the 1970s.
JACOB APPELBAUM: Yeah. Tried to get Martin Luther King Jr. to kill himself, for example. The
FBI
wrote him a letter and encouraged him to commit suicide. So for her to
suggest that it is just and right and that we should always trust them
sort of overlooks the historical problems with doing exactly that for
any people in a position of power, with no judicial oversight.
JUAN GONZALEZ:
William Binney, what about the companies that are approached by the
government to participate or facilitate the surveillance? Your sense of
the degree of opposition that they’re mounting, if at all? And also, has
there been any kind of qualitative change since the Obama
administration came in versus what the Bush administration was
practicing?
WILLIAM BINNEY:
Well, first of all, I don’t think any of them opposed it in any way. I
mean, they were approached to saying, "You’ll be patriotic if you
support us." So I think they saluted and said, "Yes, sir," and supported
them, because they were told it was legal, too. And then, of course,
they had to be given retroactive immunity for the crimes they were
committing. So—
JUAN GONZALEZ: Approved by President Obama.
WILLIAM BINNEY: And President Bush, yeah. It started with Bush, yeah.
JUAN GONZALEZ: And the differences in the administrations?
WILLIAM BINNEY:
Actually, I think the surveillance has increased. In fact, I would
suggest that they’ve assembled on the order of 20 trillion transactions
about U.S. citizens with other U.S. citizens.
AMY GOODMAN: How many?
WILLIAM BINNEY: Twenty trillion.
AMY GOODMAN: And you’re saying that this surveillance has increased? Not only the—
WILLIAM BINNEY: Yes.
AMY GOODMAN:
—targeting of whistleblowers, like your colleagues, like people like
Tom Drake, who are actually indicted under the Obama administration—
WILLIAM BINNEY: Right.
AMY GOODMAN: —more times—the number of people who have been indicted are more than all presidents combined in the past.
WILLIAM BINNEY:
Right. And I think it’s to silence what’s going on. But the point is,
the data that’s being assembled is about everybody. And from that data,
then they can target anyone they want.
AMY GOODMAN: Bill Binney, talk about Bluffdale, Utah. What is being built there?
WILLIAM BINNEY:
Well, a very large storage device, basically, for remote interrogation
and remote processing. That’s the way I view that. Because there’s not
enough people there to actually work the data there, so it’s being
worked somewhere else.
AMY GOODMAN: Where do you get the number 20 trillion?
WILLIAM BINNEY: Just by the numbers of telecoms, it appears to me, from the questions that
CNET
posed to them in 2006, and they published the names and how—what the
responses were. I looked at that and said that anybody that equivocated
was participating, and then estimated from that the numbers of
transactions. That, by the way, estimate only was involving phone calls
and emails. It didn’t involve any queries on the net or any
assembles—other—any financial transactions or credit card stuff, if
they’re assembling that. I do not know that, OK.
JUAN GONZALEZ:
And the original—the original allegations that you made, in terms of
the crimes being committed under the Bush administration in terms of the
rights of American citizens, could you detail those?
WILLIAM BINNEY:
Well, I made that—I reported the crime when I was raided in 2007. And
it was that Bush and Cheney and Hayden and Tenet conspired to subvert
the Constitution and violate various laws of the—that exist in the
statute at the time, and here’s how they did it. And I was reporting
this to the
FBI on my back porch during the
raid. And I went through Stellar Wind and told them what it did and what
the information it was using and how they were spying on—or assembling
data to be able to spy on any American.
AMY GOODMAN:
I want to go to a clip of Congress Member Hank Johnson—he’s the Georgia
Democrat—questioning National Security Administration director, General
Keith Alexander, last month, asking him whether the
NSA spies on U.S. citizens.
REP. HANK JOHNSON: Does the NSA routinely intercept American citizens’ emails?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: Does the NSA intercept Americans’ cell phone conversations?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: Google searches?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: Text messages?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: Amazon.com orders?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: Bank records?
GEN. KEITH ALEXANDER: No.
REP. HANK JOHNSON: What judicial consent is required for NSA to intercept communications and information involving American citizens?
GEN. KEITH ALEXANDER: Within the United States, that would be the FBI lead. If it was a foreign actor in the United States, the FBI would still have the lead and could work that with NSA
or other intelligence agencies, as authorized. But to conduct that kind
of collection in the United States, it would have to go through a court
order, and the court would have to authorize it. We are not authorized
to do it, nor do we do it.
AMY GOODMAN: That was General Keith Alexander, the
NSA director, being questioned by Democratic Congress Member Hank Johnson. Bill Binney, he’s the head of your agency, of the
NSA. Explain what he’s saying—what he’s not saying, as well.
WILLIAM BINNEY:
Well, I think it’s—part of it is a term, how you use the term
"intercept," as to whether or not what they’re saying is, "We aren’t
actually looking at it, but we have it," you know, or whether or not
they’re actually collecting it and storing it somewhere.
JUAN GONZALEZ: So the mistake of the congressman was not to ask, "Are you collecting information?"
WILLIAM BINNEY:
Well, he also said things like, "We don’t collect" — or, "We don’t
collect against U.S. citizens unless we have a warrant." And then, at
the same time, he said that we don’t—at the same interview, he said, "We
don’t have the capability to collect inside this country." Well, those
are kind of contradictory.
AMY GOODMAN: Is he lying? Is General Keith Alexander lying?
WILLIAM BINNEY: I wouldn’t—you know, the point is how you split the words. I wouldn’t say "lying." It’s a kind of avoiding the issue.
AMY GOODMAN: Jacob Appelbaum, how does this relate to you? And how powerful is General Keith Alexander?
JACOB APPELBAUM: I was saying to Bill that I think he’s probably the most powerful person in the world, in the sense that—
AMY GOODMAN: More powerful than President Obama?
JACOB APPELBAUM:
Well, sure. I mean, if he controls the information that arrives on
Obama’s desk, and Obama makes decisions based on the things on his desk,
what decisions can he make, if—except the decisions presented to him by
the people he trusts? And when the people he trusts are the military,
the military makes the decisions, then the civilian government is not
actually in power.
AMY GOODMAN: Bill Binney, you’re nodding your head.
WILLIAM BINNEY:
Yes. I mean, well, for example, their responsibility is to interpret
what they have and report up echelon. So, I mean, that’s the
responsibility of all the intelligence agencies. So, they basically
filter the information to what they believe is important, which is what
they should do, because, you know, they’re occupying—it takes time for
leaders to review material to make decisions. So they have to boil it
down as best they can. So it’s a function of their processing, but it is
important that they do it correctly to make sure the information that
gets there is correct and complete as it can.
AMY GOODMAN: Is General Alexander more powerful than President Obama?
WILLIAM BINNEY: In the sense of making—of presenting information for decision making, sure.
JUAN GONZALEZ:
And Laura, the impact on journalists, who have to go through what you
go—you’ve gone through the last few years, just to be able to report
what’s going on with our government? The chilling effect that this has
on—maybe not on you, but on many other journalists?
LAURA POITRAS:
Sure. I mean, I feel like I can’t talk about the work that I do in my
home, in my place of work, on my telephone, and sometimes in my country.
So the chilling effect is huge. It’s enormous.
AMY GOODMAN: You keep your computers and telephones away from conversations you’re having in a room?
LAURA POITRAS:
Yeah. When we had a meeting with you, remember, we told you—we kicked
all your cell phones and all your computers out of the room.
AMY GOODMAN: You un—the wired phone, you unwired.
LAURA POITRAS: Yeah.
AMY GOODMAN: My cell phone, you didn’t allow me to have it in the room. And you made sure there were no computers in the room.
LAURA POITRAS: Right.
AMY GOODMAN: Why?
LAURA POITRAS: Because we wanted—well, we wanted to talk about—because we were bringing—we were bringing William to New York. And—
AMY GOODMAN:
We have to leave it there, but we’re going to go online right now at
democracynow.org. We’re going to continue this conversation with Bill
Binney of the
NSA, formerly with
NSA; Laura Poitras and Jacob Appelbaum.
0 comments:
Post a Comment