Tuesday, January 28, 2014

Spy Agencies Probe Angry Birds and Other Apps for Personal Data

ProPublica



Spy Agencies Probe Angry Birds and Other Apps for Personal Data

Note: The story is not subject to our Creative Commons license. 


This story was co-produced with The New York Times and The Guardian.


When a smartphone user opens Angry Birds, the popular game application, and starts slinging birds at chortling green pigs, spy agencies have plotted how to lurk in the background to snatch data revealing the player’s location, age, sex and other personal information, according to secret British intelligence documents.

In their globe-spanning surveillance for terrorism suspects and other targets, the National Security Agency and its British counterpart have been trying to exploit a basic byproduct of modern telecommunications: With each new generation of mobile phone technology, ever greater amounts of personal data pour onto networks where spies can pick it up.

According to dozens of previously undisclosed classified documents, among the most valuable of those unintended intelligence tools are so-called leaky apps that spew everything from users’ smartphone identification codes to where they have been that day.

The N.S.A. and Britain’s Government Communications Headquarters were working together on how to collect and store data from dozens of smartphone apps by 2007, according to the documents, provided by Edward J. Snowden, the former N.S.A. contractor. Since then, the agencies have traded recipes for grabbing location and planning data when a target uses Google Maps, and for vacuuming up address books, buddy lists, phone logs and the geographic data embedded in photos when someone sends a post to the mobile versions of Facebook, Flickr, LinkedIn, Twitter and other services.

The eavesdroppers’ pursuit of mobile networks has been outlined in earlier reports, but the secret documents, shared by The New York Times, The Guardian and ProPublica, offer far more details of their ambitions for smartphones and the apps that run on them. The efforts were part of an initiative called “the mobile surge,” according to a 2011 British document, an analogy to the troop surges in Iraq and Afghanistan. One N.S.A. analyst’s enthusiasm was evident in the breathless title — “Golden Nugget!” — given to one slide for a top-secret 2010 talk describing iPhones and Android phones as rich resources, one document notes.

The scale and the specifics of the data haul are not clear. The documents show that the N.S.A. and the British agency routinely obtain information from certain apps, particularly some of those introduced earliest to cellphones. With some newer apps, including Angry Birds, the agencies have a similar capability, the documents show, but they do not make explicit whether the spies have put that into practice. Some personal data, developed in profiles by advertising companies, could be particularly sensitive: A secret 2012 British intelligence document says that spies can scrub smartphone apps that contain details like a user’s “political alignment” and sexual orientation.

President Obama announced new restrictions this month to better protect the privacy of ordinary Americans and foreigners from government surveillance, including limits on how the N.S.A. can view “metadata” of Americans’ phone calls — the routing information, time stamps and other data associated with calls. But he did not address the avalanche of information that the intelligence agencies get from leaky apps and other smartphone functions.

And while he expressed concern about advertising companies that collect information on people to send tailored ads to their mobile phones, he offered no hint that American spies routinely seize that data. Nothing in the secret reports indicates that the companies cooperate with the spy agencies to share the information; the topic is not addressed.

The agencies have long been intercepting earlier generations of cellphone traffic like text messages and metadata from nearly every segment of the mobile network — and, more recently, mobile traffic running on Internet pipelines. Because those same networks carry the rush of data from leaky apps, the agencies have a ready-made way to collect and store this new resource. The documents do not address how many users might be affected, whether they include Americans, or how often, with so much information collected automatically, analysts would see personal data.


This cartoon of a fairy accompanies a “top secret” NSA document about smartphones. The drawing seems to suggest that phones, and the data they transmit, are a magical intelligence gift to the agency.
“N.S.A. does not profile everyday Americans as it carries out its foreign intelligence mission,” the agency said in a written response to questions about the program. “Because some data of U.S. persons may at times be incidentally collected in N.S.A.'s lawful foreign intelligence mission, privacy protections for U.S. persons exist across the entire process.” Similar protections, the agency said, are in place for “innocent foreign citizens.”

The British spy agency declined to comment on any specific program, but said all its activities complied with British law.

Two top-secret flow charts produced by the British agency in 2012 show incoming streams of information skimmed from smartphone traffic by the Americans and the British. The streams are divided into “traditional telephony” — metadata — and others marked “social apps,” “geo apps,” “http linking,” webmail, MMS and traffic associated with mobile ads, among others. (MMS refers to the mobile system for sending pictures and other multimedia, and http is the protocol for linking to websites.)

In charts showing how information flows from smartphones into the agency’s computers, analysts included questions to be answered by the data, including “Where was my target when they did this?” and “Where is my target going?”
As the program accelerated, the N.S.A. nearly quadrupled its budget in a single year, to $767 million in 2007 from $204 million, according to a top-secret Canadian analysis written around the same time.

Even sophisticated users are often unaware of how smartphones offer a unique opportunity for one-stop shopping for information about them. “By having these devices in our pockets and using them more and more,” said Philippe Langlois, who has studied the vulnerabilities of mobile phone networks and is the founder of the Paris-based company Priority One Security, “you’re somehow becoming a sensor for the world intelligence community.”

Detailed Profiles

Smartphones almost seem to make things too easy. Functioning as phones — making calls and sending texts — and as computers — surfing the web and sending emails — they generate and also rely on data. One secret report shows that just by updating Android software, a user sent more than 500 printed lines of data about the phone’s history and use onto the network.

Such information helps mobile ad companies, for example, create detailed profiles of people based on how they use their mobile device, where they travel, what apps and websites they open, and other factors. Advertising firms might triangulate web shopping data and browsing history to guess whether someone is wealthy or has children, for example.

The N.S.A. and the British agency busily scoop up this data, mining it for new information and comparing it with their lists of intelligence targets.

One secret 2010 British document suggests that the agencies collect such a huge volume of “cookies” — the digital traces left on a mobile device or a computer when a target visits a website — that classified computers were having trouble storing it all.

“They are gathered in bulk, and are currently our single largest type of events,” the document says.

The two agencies displayed a particular interest in Google Maps, which is accurate to within a few yards or better in some locations. Intelligence agencies collect so much data from the app that “you’ll be able to clone Google’s database” of global searches for directions, according to a top-secret N.S.A. report from 2007.

“It effectively means that anyone using Google Maps on a smartphone is working in support of a G.C.H.Q. system,” a secret 2008 report by the British agency says.

(In December, The Washington Post, citing the Snowden documents, reported that the N.S.A. was using metadata to track cellphone locations outside the United States and was using ad cookies to connect Internet addresses with physical locations.)

In another example, a secret 20-page British report dated 2012 includes the computer code needed for plucking the profiles generated when Android users play Angry Birds. The app was created by Rovio Entertainment, of Finland, and has been downloaded more than a billion times, the company has said.

Rovio drew public criticism in 2012 when researchers claimed that the app was tracking users’ locations and gathering other data and passing it to mobile ad companies. In a statement on its website, Rovio says that it may collect its users’ personal data, but that it abides by some restrictions. For example, the statement says, “Rovio does not knowingly collect personal information from children under 13 years of age.”

The secret report noted that the profiles vary depending on which of the ad companies — which include Burstly and Google’s ad services, two of the largest online advertising businesses — compiles them. Most profiles contain a string of characters that identifies the phone, along with basic data on the user like age, sex and location. One profile notes whether the user is currently listening to music or making a call, and another has an entry for household income.

Google declined to comment for this article, and Burstly did not respond to multiple requests for comment. Saara Bergstrom, a Rovio spokeswoman, said that the company had no knowledge of the intelligence programs. “Nor do we have any involvement with the organizations you mentioned,” Ms. Bergstrom said, referring to the N.S.A. and the British spy agency.

Another ad company creates far more intrusive profiles that the agencies can retrieve, the report says. The apps that generate those profiles are not identified, but the company is named as Millennial Media, which has its headquarters in Baltimore.

In securities filings, Millennial documented how it began working with Rovio in 2011 to embed ad services in Angry Birds apps running on iPhones, Android phones and other devices.

According to the report, the Millennial profiles contain much of the same information as the others, but several categories listed as “optional,” including ethnicity, marital status and sexual orientation, suggest that much wider sweeps of personal data may take place.




A portion of the computer code in Burstly’s Software Development Kit — used by Angry Birds. This software was studied by GCHQ for intelligence value.
Possible categories for marital status, the report says, include single, married, divorced, engaged and “swinger”; those for sexual orientation are straight, gay, bisexual and “not sure.” It is unclear whether the “not sure” category exists because so many phone apps are used by children, or because insufficient data may be available.

There is no explanation of precisely how the ad company defined the categories or how accurate the information is. Nor is there any discussion of why all that information would be useful for marketing — or intelligence.

Unwieldy Heaps

The agencies have had occasional success — at least by their own reckoning — when they start with something closer to a traditional investigative tip or lead. The spies say that tracking smartphone traffic helped break up a bomb plot by Al Qaeda in Germany in 2007, and the N.S.A. bragged that to crack the plot, it wove together mobile data with emails, log-ins and web traffic. Similarly, mining smartphone data helped lead to arrests of members of a drug cartel hit squad for the 2010 murder of an employee of an American Consulate in Mexico.

But the data, whose volume is soaring as mobile devices have begun to dominate the technological landscape, is a crushing amount of information for the spies to sift through. As smartphone data builds up in N.S.A. and British databases, the agencies sometimes seem a bit at a loss on what to do with it all, the documents show. A few isolated experiments provide hints as to how unwieldy it can be.
In 2009, the American and British spy agencies each undertook a brute-force analysis of a tiny sliver of their cellphone databases. Crunching just one month of N.S.A. cellphone data, a secret report said, required 120 computers and turned up 8,615,650 “actors” — apparently callers of interest. A similar run using three months of British data came up with 24,760,289 actors.

“Not necessarily straightforward,” the report said of the analysis. The agencies’ extensive computer operations had trouble sorting through the slice of data. Analysts were “dealing with immaturity,” the report said, encountering computer memory and processing problems. The report made no mention of anything suspicious in the enormous lumps of data.
Ginger Thompson contributed reporting.

Government Could Hide Existence of Records under FOIA Rule Proposal

ProPublica


Journalism in the Public Interest

Government Could Hide Existence of Records under FOIA Rule Proposal







A proposed rule to the Freedom of Information Act would allow federal agencies to tell people requesting certain law-enforcement or national security documents that records don’t exist – even when they do.

Under current FOIA practice, the government may withhold information and issue what’s known as a Glomar denial that says it can neither confirm nor deny the existence of records.

The new proposal – part of a lengthy rule revision by the Department of Justice – would direct government agencies to “respond to the request as if the excluded records did not exist."

Open-government groups object.

"We don’t believe the statute allows the government to lie to FOIA requesters,” said Mike German, senior policy counsel for the American Civil Liberties Union, which opposes the provision.

The ACLU, along with Citizens for Responsibility and Ethics in Washington and OpenTheGovernment.org said the move would “dramatically undermine government integrity by allowing a law designed to provide public access to government to be twisted.

The Glomar denial arose in the mid-1970s when a Los Angeles Times reporter requested information about the CIA’s Glomar Explorer, built to recover a sunken Soviet submarine and the CIA’s attempt to suppress stories about it.
But the advocacy groups propose another response: You have requested “…records which, if they exist, would not be subject to the disclosure requirements of FOIA...”

They prefer such language because a last resort is to sue to obtain the records, something people requesting information might not do if they assumed that no records existed.

Open government groups also contend that the proposed rule could undermine judicial proceedings.

In a recent case brought by the ACLU of Southern California, the FBI denied the existence of documents. But the court later discovered that the documents did exist. In an amended order, U.S. District Judge Cormac Carney wrote that the “Government cannot, under any circumstance, affirmatively mislead the Court.”
DOJ’s draft FOIA rule was first published in March, but DOJ re-opened comment submissions in September at the request of open-government groups. The new comment period ended October 19.

The DOJ did not immediately respond to a request for comment. We will update as soon as it does.

FOIA Eyes Only: How Buried Statutes Are Keeping Information Secret


ProPublica

Journalism in the Public Interest


FOIA Eyes Only: How Buried Statutes Are Keeping Information Secret


A solar eclipse viewed on July 11, 2010. (Martin Bernetti/AFP/Getty Images file photo)




Anyone can request information from U.S. officials under the Freedom of Information Act, a law designed to allow people to know what their government is up to.

When a government agency withholds information from a requester, it typically must invoke one of nine FOIA exemptions that cover everything from national security to personal privacy. But among that list is an exemption—known as b(3) for its section in the FOI Act—that allows an agency to apply other statutes when denying information requests.

Some of those statutes allow exemptions that seem quite reasonable, for example to protect medical or financial information. Many others are more puzzling.

Citing the Watermelon Research and Promotion Act, for example, the U.S. Department of Agriculture has withheld lists of watermelon growers.

Under another law, information about the location of “significant” caves has been withheld by USDA and the U.S. Department of the Interior.

Until now, no one has known just how extensively these other laws were used across the federal government. New data compiled by the Sunshine in Government Initiative, a coalition of journalism and transparency groups, shows that agencies have applied more than 240 other laws in withholding information over the last decade.

And you can see them for yourself: We’ve created an interactive database of all the exemptions used in 2008-2009 and how they were used.

“FOIA is supposed to be a disclosure act, and these b(3)s make it more of a withholding act,” said Patrice McDermott, director of another transparency group, openthegovernment.org. “They can have a detrimental effect to know what government’s doing and hold it accountable.”

For years such provisions could be easily slipped into legislation without notice. But changes to FOIA that went into effect in 2009 require that proposed legislation must specifically say that it will create a new b(3) exemption. As part of their annual FOIA reports, agencies are now required to disclose not only which exemptions they used but also how many times each was invoked.


Financial reforms passed last year by Congress included an exemption to withhold from the public information concerning “surveillance, risk assessments or other regulator and oversight activities.”

The exemption became law, but it was later rescinded after it came under fire by transparency groups.

Our analysis also found that the most-often-invoked exemption is a law protecting information on tax returns filed with the IRS. From 2008 to 2009, federal agencies applied this statute nearly 3,000 times in FOIA denials.
The agency that invoked the most b(3) exemptions was the Department of Veteran Affairs, which from 2008 to 2009 received nearly 170,000 FOIA requests and invoked b(3)s more than 8,000 times—almost always for information relating to Veteran medical benefits or records.

The b(3) exemption used most widely—20 agencies applied it—was a law protecting losing contract bids.

Federal agencies are required to file annual reports about their FOIA activities, such as the number of requests they received, how many they denied and why they denied them. Agencies also must list which b(3) exemptions it used over the past year. Since 2008, reports must include the number of times each exemption was invoked.

“These should be debated and subject to scrutiny,” said McDermott, whose organization, openthegovernment.org, pushed for the disclosure requirement.

There may be legitimate reasons to withhold certain information, she said. “But blowing holes in the Freedom of Information Act is not the way to deal with it.”

Friday, January 24, 2014

The Fukushima Secrecy Syndrome: From Japan to America


Dissident Voice: a radical newsletter in the struggle for peace and social justice


The Fukushima Secrecy Syndrome: From Japan to America

Last month, the ruling Japanese coalition parties quickly rammed through Parliament a state secrets law. We Americans better take notice.

Under its provisions the government alone decides what are state secrets and any civil servants who divulge any “secrets” can be jailed for up to 10 years. Journalists caught in the web of this vaguely defined law can be jailed for up to 5 years.

Government officials have been upset at the constant disclosures of their laxity by regulatory officials before and after the Fukushima nuclear power disaster in 2011, operated by Tokyo Electric Power Company (TEPCO).

Week after week, reports appear in the press revealing the seriousness of the contaminated water flow, the inaccessible radioactive material deep inside these reactors and the need to stop these leaking sites from further poisoning the land, food and ocean. Officials now estimate that it could take up to 40 years to clean up and decommission the reactors.

Other factors are also feeding this sure sign of a democratic setback. Militarism is raising its democracy-menacing head, prompted by friction with China over the South China Sea. Dismayingly, U.S. militarists are pushing for a larger Japanese military budget. China is the latest national security justification for our “pivot to East Asia” provoked in part by our military-industrial complex.

Draconian secrecy in government and fast-tracking bills through legislative bodies are bad omens for freedom of the Japanese press and freedom to dissent by the Japanese people. Freedom of information and robust debate (the latter cut off sharply by Japan’s parliament in December 5, 2013) are the currencies of democracy.

There is good reason why the New York Times continues to cover the deteriorating conditions in the desolate, evacuated Fukushima area. Our country has licensed many reactors here with the same designs and many of the same inadequate safety and inspection standards. Some reactors here are near earthquake faults with surrounding populations which cannot be safely evacuated in case of serious damage to the electric plant. The two Indian Point reactors that are 30 miles north of New York City are a case in point.
The less we are able to know about the past and present conditions of Fukushima, the less we will learn about atomic reactors in our own country.

Fortunately many of Japan’s most famous scientists, including Nobel laureates, Toshihide Maskawa and Hideki Shirakawa, have led the opposition against this new state secrecy legislation with 3,000 academics signing a public letter of protest. These scientists and academics declared the government’s secrecy law a threat to “the pacifist principles and fundamental human rights established by the constitution and should be rejected immediately.”

Following this statement, the Japan Scientists’ Association, Japan’s mass media companies, citizens associations, lawyers’ organizations and some regional legislatures opposed the legislation. Polls show the public also opposes this attack on democracy. The present ruling parties remain adamant. They cite as reasons for state secrecy “national security and fighting terrorism.” Sound familiar?

History is always present in the minds of many Japanese people. They know what happened in Japan when the unchallenged slide toward militarization of Japanese society led to the intimidating tyranny that drove the invasion of China, Korea and Southeast Asia before and after Pearl Harbor. By 1945, Japan was in ruins, ending with Hiroshima and Nagasaki.

The American people have to be alert to our government’s needless military and political provocations of China, which is worried about encirclement by surrounding U.S.-allied nations and U.S. air and sea power. Washington might better turn immediate attention to U.S. trade policies that have facilitated U.S. companies shipping American jobs and whole industries to China.

The Obama administration must become more alert to authoritarian trends in Japan that its policies have been either encouraging or knowingly ignoring – often behind the curtains of our own chronic secrecy.
The lessons of history beckon.

Ralph Nader is a leading consumer advocate, the author of The Seventeen Traditions, among many other books, and a four-time candidate for US President. Read other articles by Ralph, or visit Ralph's website.