<div dir="ltr">And for another perspective on the issue<div><a href="http://www.bbc.co.uk/news/world-us-canada-22808872">http://www.bbc.co.uk/news/world-us-canada-22808872</a><br></div><div><br></div><div style>Deirdre</div>
</div><div class="gmail_extra"><br><br><div class="gmail_quote">On 8 June 2013 08:00, michael gurstein <span dir="ltr"><<a href="mailto:gurstein@gmail.com" target="_blank">gurstein@gmail.com</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
-----Original Message-----<br>
From: David Farber [mailto:<a href="mailto:dave@farber.net">dave@farber.net</a>]<br>
Sent: Saturday, June 08, 2013 7:30 AM<br>
To: ip<br>
Subject: [IP] Tech Companies Concede to Surveillance Program - NYTimes.com<br>
<br>
<br>
<a href="http://www.nytimes.com/2013/06/08/technology/tech-companies-bristling-conced
e-to-government-surveillance-efforts.html?ref=global-home&_r=0&pagewanted=al
l&pagewanted=print" target="_blank">http://www.nytimes.com/2013/06/08/technology/tech-companies-bristling-conced<br>
e-to-government-surveillance-efforts.html?ref=global-home&_r=0&pagewanted=al<br>
l&pagewanted=print</a><br>
<br>
Tech Companies Concede to Surveillance Program<br>
<br>
SAN FRANCISCO - When government officials came to Silicon Valley to demand<br>
easier ways for the world's largest Internet companies to turn over user<br>
data as part of a secret surveillance program, the companies bristled. In<br>
the end, though, many cooperated at least a bit.<br>
<br>
Twitter declined to make it easier for the government. But other companies<br>
were more compliant, according to people briefed on the negotiations. They<br>
opened discussions with national security officials about developing<br>
technical methods to more efficiently and securely share the personal data<br>
of foreign users in response to lawful government requests. And in some<br>
cases, they changed their computer systems to do so.<br>
<br>
The negotiations shed a light on how Internet companies, increasingly at the<br>
center of people's personal lives, interact with the spy agencies that look<br>
to their vast trove of information - e-mails, videos, online chats, photos<br>
and search queries - for intelligence. They illustrate how intricately the<br>
government and tech companies work together, and the depth of their<br>
behind-the-scenes transactions.<br>
<br>
The companies that negotiated with the government include Google, which owns<br>
YouTube; Microsoft, which owns Hotmail and Skype; Yahoo; Facebook; AOL;<br>
Apple; and Paltalk, according to one of the people briefed on the<br>
discussions. The companies were legally required to share the data under the<br>
Foreign Intelligence Surveillance Act. People briefed on the discussions<br>
spoke on the condition of anonymity because they are prohibited by law from<br>
discussing the content of FISA requests or even acknowledging their<br>
existence.<br>
<br>
In at least two cases, at Google and Facebook, one of the plans discussed<br>
was to build separate, secure portals, like a digital version of the secure<br>
physical rooms that have long existed for classified information, in some<br>
instances on company servers. Through these online rooms, the government<br>
would request data, companies would deposit it and the government would<br>
retrieve it, people briefed on the discussions said.<br>
<br>
The negotiations have continued in recent months, as Martin E. Dempsey,<br>
chairman of the Joint Chiefs of Staff, traveled to Silicon Valley to meet<br>
with executives including those at Facebook, Microsoft, Google and Intel.<br>
Though the official purpose of those meetings was to discuss the future of<br>
the Internet, the conversations also touched on how the companies would<br>
collaborate with the government in its intelligence-gathering efforts, said<br>
a person who attended.<br>
<br>
While handing over data in response to a legitimate FISA request is a legal<br>
requirement, making it easier for the government to get the information is<br>
not, which is why Twitter could decline to do so.<br>
<br>
Details on the discussions help explain the disparity between initial<br>
descriptions of the government program and the companies' responses.<br>
<br>
Each of the nine companies said it had no knowledge of a government program<br>
providing officials with access to its servers, and drew a bright line<br>
between giving the government wholesale access to its servers to collect<br>
user data and giving them specific data in response to individual court<br>
orders. Each said it did not provide the government with full,<br>
indiscriminate access to its servers.<br>
<br>
The companies said they do, however, comply with individual court orders,<br>
including under FISA. The negotiations, and the technical systems for<br>
sharing data with the government, fit in that category because they involve<br>
access to data under individual FISA requests. And in some cases, the data<br>
is transmitted to the government electronically, using a company's servers.<br>
<br>
"The U.S. government does not have direct access or a 'back door' to the<br>
information stored in our data centers," Google's chief executive, Larry<br>
Page, and its chief legal officer, David Drummond, said in a statement on<br>
Friday. "We provide user data to governments only in accordance with the<br>
law."<br>
<br>
Statements from Microsoft, Yahoo, Facebook, Apple, AOL and Paltalk made the<br>
same distinction.<br>
<br>
But instead of adding a back door to their servers, the companies were<br>
essentially asked to erect a locked mailbox and give the government the key,<br>
people briefed on the negotiations said. Facebook, for instance, built such<br>
a system for requesting and sharing the information, they said.<br>
<br>
The data shared in these ways, the people said, is shared after company<br>
lawyers have reviewed the FISA request according to company practice. It is<br>
not sent automatically or in bulk, and the government does not have full<br>
access to company servers. Instead, they said, it is a more secure and<br>
efficient way to hand over the data.<br>
<br>
Tech companies might have also denied knowledge of the full scope of<br>
cooperation with national security officials because employees whose job it<br>
is to comply with FISA requests are not allowed to discuss the details even<br>
with others at the company, and in some cases have national security<br>
clearance, according to both a former senior government official and a<br>
lawyer representing a technology company.<br>
<br>
FISA orders can range from inquiries about specific people to a broad sweep<br>
for intelligence, like logs of certain search terms, lawyers who work with<br>
the orders said. There were 1,856 such requests last year, an increase of 6<br>
percent from the year before.<br>
<br>
In one recent instance, the National Security Agency sent an agent to a tech<br>
company's headquarters to monitor a suspect in a cyberattack, a lawyer<br>
representing the company said. The agent installed government-developed<br>
software on the company's server and remained at the site for several weeks<br>
to download data to an agency laptop.<br>
<br>
In other instances, the lawyer said, the agency seeks real-time transmission<br>
of data, which companies send digitally.<br>
<br>
Twitter spokesmen did not respond to questions about the government<br>
requests, but said in general of the company's philosophy toward information<br>
requests: Users "have a right to fight invalid government requests, and we<br>
stand with them in that fight."<br>
<br>
Twitter, Google and other companies have typically fought aggressively<br>
against requests they believe reach too far. Google, Microsoft and Twitter<br>
publish transparency reports detailing government requests for information,<br>
but these reports do not include FISA requests because they are not allowed<br>
to acknowledge them.<br>
<br>
Yet since tech companies' cooperation with the government was revealed<br>
Thursday, tech executives have been performing a familiar dance, expressing<br>
outrage at the extent of the government's power to access personal data and<br>
calling for more transparency, while at the same time heaping praise upon<br>
the president as he visited Silicon Valley.<br>
<br>
Even as the White House scrambled to defend its online surveillance,<br>
President Obama was mingling with donors at the Silicon Valley home of Mike<br>
McCue, Flipboard's chief, eating dinner at the opulent home of Vinod Khosla,<br>
the venture capitalist, and cracking jokes about Mr. Khosla's big, shaggy<br>
dogs.<br>
<br>
On Friday, Mark Zuckerberg, Facebook's chief executive, posted on Facebook a<br>
call for more government transparency. "It's the only way to protect<br>
everyone's civil liberties and create the safe and free society we all want<br>
over the long term," he wrote.<br>
<br>
Reporting was contributed by Nick Bilton, Vindu Goel, Nicole Perlroth and<br>
Somini Sengupta in San Francisco; Edward Wyatt in Washington; Brian X. Chen<br>
and Leslie Kaufman in New York; and Nick Wingfield in Seattle.<br>
<br>
<br>
<br>
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<br></blockquote></div><br><br clear="all"><div><br></div>-- <br>“The fundamental cure for poverty is not money but knowledge" Sir William Arthur Lewis, Nobel Prize Economics, 1979
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