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OpEdNews Op Eds    H2'ed 5/5/13

Are All Telephone Calls Recorded And Accessible To The US Government?

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Source: The Guardian

A former FBI counterterrorism agent claims on CNN that this is the case


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Former FBI counterterrorism agent Tim Clemente, on CNN, discussing government's surveillance capabilities Photograph: CNN screegrab

The real capabilities and behavior of the US surveillance state are almost entirely unknown to the American public because, like most things of significance done by the US government, it operates behind an impenetrable wall of secrecy. But a seemingly spontaneous admission this week by a former FBI counterterrorism agent provides a rather startling acknowledgment of just how vast and invasive these surveillance activities are.

Over the past couple of days, cable news tabloid shows such as CNN's Out Front with Erin Burnett have been excitingly focused on the possible involvement in the Boston Marathon attack of Katherine Russell, the 24-year-old American widow of the deceased suspect, Tamerlan Tsarnaev. As part of their relentless stream of leaks uncritically disseminated by our Adversarial Press Corps, anonymous government officials are claiming that they are now focused on telephone calls between Russell and Tsarnaev that took place both before and after the attack to determine if she had prior knowledge of the plot or participated in any way.

On Wednesday night, Burnett interviewed Tim Clemente, a former FBI counterterrorism agent, about whether the FBI would be able to discover the contents of past telephone conversations between the two. He quite clearly insisted that they could:

BURNETT: "Tim, is there any way, obviously, there is a voice mail they can try to get the phone companies to give that up at this point. It's not a voice mail. It's just a conversation. There's no way they actually can find out what happened, right, unless she tells them?

CLEMENTE: "No, there is a way. We certainly have ways in national security investigations to find out exactly what was said in that conversation. It's not necessarily something that the FBI is going to want to present in court, but it may help lead the investigation and/or lead to questioning of her. We certainly can find that out.

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Let's repeat that last part: "no digital communication is secure," by which he means not that any communication is susceptible to government interception as it happens (although that is true), but far beyond that: all digital communications -- meaning telephone calls, emails, online chats and the like -- are automatically recorded and stored and accessible to the government after the fact. To describe that is to define what a ubiquitous, limitless Surveillance State is.

There have been some previous indications that this is true. Former AT&T engineer Mark Klein revealed that AT&T and other telecoms had built a special network that allowed the National Security Agency full and unfettered access to data about the telephone calls and the content of email communications for all of their customers. Specifically, Klein explained "that the NSA set up a system that vacuumed up Internet and phone-call data from ordinary Americans with the cooperation of AT&T" and that "contrary to the government's depiction of its surveillance program as aimed at overseas terrorists . . . much of the data sent through AT&T to the NSA was purely domestic." But his amazing revelations were mostly ignored and, when Congress retroactively immunized the nation's telecom giants for their participation in the illegal Bush spying programs, Klein's claims (by design) were prevented from being adjudicated in court.

That every single telephone call is recorded and stored would also explain this extraordinary revelation by the Washington Post in 2010:

"Every day, collection systems at the National Security Agency intercept and store 1.7 billion e-mails, phone calls and other types of communications."

It would also help explain the revelations of former NSA official William Binney, who resigned from the agency in protest over its systemic spying on the domestic communications of US citizens, that the US government has "assembled on the order of 20 trillion transactions about US citizens with other US citizens" (which counts only communications transactions and not financial and other transactions), and that "the data that's being assembled is about everybody. And from that data, then they can target anyone they want."

Despite the extreme secrecy behind which these surveillance programs operate, there have been periodic reports of serious abuse. Two Democratic Senators, Ron Wyden and Mark Udall, have been warning for years that Americans would be "stunned" to learn what the US government is doing in terms of secret surveillance.

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[Subscribe to Glenn Greenwald] Glenn Greenwald is a journalist,former constitutional lawyer, and author of four New York Times bestselling books on politics and law. His most recent book, "No Place to Hide," is about the U.S. surveillance state and his experiences reporting on the Snowden documents around the world. His forthcoming book, to be published in April, 2021, is about Brazilian history and current politics, with a focus on his experience in reporting a series of expose's in 2019 and 2020 which exposed high-level corruption by powerful officials in the government of President Jair Bolsonaro, which subsequently attempted to prosecute him for that reporting.

Foreign Policy magazine named Greenwald one of the top 100 Global Thinkers for 2013. He was the debut winner, along with "Democracy Now's" Amy Goodman, of the Park Center I.F. Stone Award for Independent Journalism in 2008, and also received the 2010 Online Journalism Award for his investigative work breaking the story of the abusive (more...)
 

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