Showing posts with label Homeland Security. Show all posts
Showing posts with label Homeland Security. Show all posts

Homeland Security goes rogue

SUBHEAD: Federal court order restricting Trump's ban on "Muslim" immigration being ignored by DHS.

By M. Hanrahan & P McCausland  on 29 January 2017 for NBC News -
(http://www.nbcnews.com/news/us-news/trump-immigration-ban-still-place-despite-court-ruling-says-dhs-n713696)


Image above: Protest in Seattle against Trump immigration ban. From original article.

Hours after a federal judge issued a stay on President Donald Trump's executive order temporarily restricting entry to the U.S. from seven Muslim-majority countries, the Department of Homeland Security (DHS) and a senior White House adviser issued robust responses, emphasizing that the order remains in force.

In a statement issued in the early hours of Sunday, the Department said: "President Trump's Executive Orders remain in place — prohibited travel will remain prohibited, and the U.S. government retains its right to revoke visas at any time if required for national security or public safety."

It added that the department will "continue to enforce all of President Trump's Executive Orders in a manner that ensures the safety and security of the American people."

In addition, Stephen Miller, a senior adviser to the White House, told the Associated Press that nothing in the judge's order "in anyway impedes or prevents the implementation of the president's executive order which remains in full, complete and total effect."

The responses came just hours after federal Judge Ann Donnelly of the Eastern District of New York granted an emergency stay on parts of the order late Saturday. Her ruling came in response to a lawsuit brought by the ACLU on behalf of two Iraqi refugees who had been detained at New York's John F. Kennedy airport.

The stay will prevent the government from deporting citizens from the affected countries that had already arrived in the U.S.The ACLU estimated that around 200 people would be affected by the ruling.

For travelers outside of the U.S. however, even those with valid visas, the ruling will not change the restrictions imposed on them by the order.

Who is affected by Trump's executive order?
  • Citizens of seven Muslim-majority nations - Iraq, Iran, Syria, Somalia, Sudan, Libya and Yemen will be prohibited from entering the U.S. for 90 days.
  • Green card holders from any of those countries currently outside of the U.S. will need to report to a local U.S. consulate for "extra vetting," and admitted or rejected on a case-by-case basis, according to administration officials.
  • Refugees seeking asylum in the U.S.: All refugees will be banned from entering the country for 120 days. Refugees from Syria will be banned indefinitely.
  • Anyone with U.S. citizenship will not be affected.
A DHS spokesperson on Saturday told the Associated Press that foreign-born U.S. residents who could have been barred from re-entering the United States under Trump's immigration order have been allowed back into the country.

The official said all green card holders from the seven countries who sought to enter the U.S. Saturday were granted special permission.

Not all aspiring immigrants have been so lucky, however. Since the order has been in force, stories have been emerging about families and individuals aiming to rejoin their loved ones being refused entry to the U.S.

While a dozen travelers were being held at New York's John F. Kennedy International Airport on Saturday after they arrived, many more across the world were told they would not be able to board connecting flights to their destination in the U.S.

Amir Rashidi, an Iranian immigrant who lives in Seattle, told NBC News that his mother — who had become an American citizen — sponsored his sister's family to come to the United States. They had all obtained green cards, a process that can take years.

All but one arrived safely in Seattle. Rashidi's niece, 27-year-old Mahsa Fazmali, was slated to arrive on Friday, but then Trump signed the executive order.

Fazmali flew without a problem from Tehran to Dubai, and she had even found her seat on her flight to the Emerald City.

"She was on the plane sitting on her seat," her uncle said.

But then her name was called over the PA system and she was ordered to deplane with her belongings. According to Rashidi, airport officials could not explain why her green card would not allow her to travel to the United States.

She and the other immigrants who were looking for answers only learned of the travel ban from a nearby television turned to the news. Fazmali then flew back to Tehran.

Related: Officials Say Visas Were Being Revoked Prior to Trump's Executive Order


By Tyler Durden on 29 January 2017 for Zero Hedge -
(http://www.zerohedge.com/news/2017-01-29/homeland-security-states-it-will-continue-enforce-trumps-travel-ban)

Following a tumultuous night, in which late on Saturday evening a Brooklyn Federal Judge issued a partial ban on Trump's immigration order, on Sunday morning the Department of Homeland Security issued a statement saying it planned on continuing to “enforce all of the president’s executive orders in a manner that ensures the safety and security of the American people.”

The DHS said the court order would not affect the overall implementation of the White House order and the court order affected a small number of travelers who were inconvenienced by security procedures upon their return, Fox News first reported.

“The president’s executive orders remain in place—prohibited travel will remain prohibited, and the U.S. government retains its right to revoke visas at any time if required for national security or public safety,” the statement said.

However, the DHS also added it would "comply with judicial orders" not to deport detained travelers affected by President Donald Trump's order.

In a separate report from the NY Post, the ACLU was said to be getting “multiple reports” that federal customs agents are siding with President Trump — and willfully ignoring a Brooklyn federal judge’s demand that travelers from seven Muslim countries not be deported from the nation’s airports.

“The court’s order could not be clearer… they need to comply with the order,” Omar Jadwat, director of the ACLU’s Immigrants Rights project, told The Post late Saturday. “It’s enough to be a serious concern,” Jadwat said of the reports.

Stephen Miller, a senior adviser to the White House, said, "Nothing in the Brooklyn judge's order in anyway impedes or prevents the implementation of the president's executive order which remains in full, complete and total effect."

As reported before, just before 9pm on Saturday, U.S. District Judge Ann Donnelly in New York issued an emergency order temporarily barring the U.S. from deporting people from nations subject to President Donald Trump's travel ban, saying travelers who had been detained had a strong argument that their legal rights had been violated.

The stay was ordered after lawyers for the ACLU filed a court petition on behalf of people from seven predominantly Muslim nations who were detained at airports across the country as the ban took effect.

Homeland Security said the order affects a small amount of people traveling internationally. The DHS said the order was the “first step towards reestablishing control over America's borders and national security.”

Prior to the ruling, Trump’s travel ban sparked protests around the country at several international airports. Demonstrators ranged from a few dozen people to thousands. Protests are scheduled to continue on Sunday at least seven cities: Orlando, Boston, Philadelphia, Atlanta, Seattle, Washington and Chicago, mostly at airports.

Under Trump's order, it had appeared that an unknown number of foreign-born U.S. residents now traveling outside the U.S. could be stuck overseas for at least 90 days even though they held permanent residency "green cards" or other visas.  

However, an official with the DHS said Saturday night that no green-card holders from the seven countries cited in Trump's order had been prevented from entering the U.S. Trump also billed his sweeping executive order as a necessary step to stop "radical Islamic terrorists" from coming to the U.S.

It included a 90-day ban on travel to the U.S. by citizens of Iraq, Syria, Iran, Sudan, Libya, Somalia or Yemen and a 120-day suspension of the U.S. refugee program.

Early on Sunday, Trump in his first official statement since the Brooklyn Court ruling stayed his ground and tweeted that "our country needs strong borders and extreme vetting, NOW. Look what is happening all over Europe and, indeed, the world - a horrible mess!

The DHS said in the statement that they “will faithfully execute the immigration laws, and we will treat all of those we encounter humanely and with professionalism.” They also added that they plan to ensure the safety of the American people by making sure those entering the U.S. pose no threat.
The full DHS statement is below:
Department Of Homeland Security Response To Recent Litigation

The Department of Homeland Security will continue to enforce all of President Trump’s Executive Orders in a manner that ensures the safety and security of the American people. President Trump’s Executive Orders remain in place—prohibited travel will remain prohibited, and the U.S. government retains its right to revoke visas at any time if required for national security or public safety. President Trump’s Executive Order affects a minor portion of international travelers, and is a first step towards reestablishing control over America's borders and national security.

Approximately 80 million international travelers enter the United States every year. Yesterday, less than one percent of the more than 325,000 international air travelers who arrive every day were inconvenienced while enhanced security measures were implemented. These individuals went through enhanced security screenings and are being processed for entry to the United States, consistent with our immigration laws and judicial orders.

The Department of Homeland Security will faithfully execute the immigration laws, and we will treat all of those we encounter humanely and with professionalism. No foreign national in a foreign land, without ties to the United States, has any unfettered right to demand entry into the United States or to demand immigration benefits in the United States. 

The Department of Homeland Security will comply with judicial orders; faithfully enforce our immigration laws, and implement President Trump’s Executive Orders to ensure that those entering the United States do not pose a threat to our country or the American people.

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What We've Lost Since 911

SUBHEAD: Many Americans seem willing to accept, out of fear, the death of the Bill of Rights, one amendment at a time.

By Peter Van Buren on 15 June 2014 for TomDispatch -
(http://www.tomdispatch.com/post/175856/tomgram%3A_peter_van_buren%2C_rip%2C_the_bill_of_rights/)


Image above: Men running for their lives as North Tower of World Trade Center collapses on 9/11/01. From (http://news.nationalgeographic.com/news/2011/09/pictures/110908-about-911-september-9-11-twin-world-trade-center-towers-indelible/).

Taking Down the First Amendment in Post-Constitutional America

America has entered its third great era: the post-constitutional one. In the first, in the colonial years, a unitary executive, the King of England, ruled without checks and balances, allowing no freedom of speech, due process, or privacy when it came to protecting his power.

In the second, the principles of the Enlightenment and an armed rebellion were used to push back the king’s abuses. The result was a new country and a new constitution with a Bill of Rights expressly meant to check the government's power. Now, we are wading into the shallow waters of a third era, a time when that government is abandoning the basic ideas that saw our nation through centuries of challenges far more daunting than terrorism. Those ideas -- enshrined in the Bill of Rights -- are disarmingly concise. Think of them as the haiku of a genuine people's government.

Deeper, darker waters lie ahead and we seem drawn down into them. For here there be monsters.

The Powers of a Police State Denied
America in its pre-constitutional days may seem eerily familiar even to casual readers of current events. We lived then under the control of a king. (Think now: the imperial presidency.) That king was a powerful, unitary executive who ruled at a distance. His goal was simple: to use his power over “his” American colonies to draw the maximum financial gain while suppressing any dissent that might endanger his control.

In those years, protest was dangerous. Speech could indeed make you the enemy of the government. Journalism could be a crime if you didn’t write in support of those in power. A citizen needed to watch what he said, for there were spies everywhere, including fellow colonists hoping for a few crumbs from the king's table. Laws could be brutal and punishments swift as well as extra-judicial. In extreme cases, troops shot down those simply assembling to speak out.

Among the many offenses against liberty in pre-constitutional America, one pivotal event, the Stamp Act of 1765, stands out. To enforce the taxes imposed by the Act, the king's men used "writs of assistance" that allowed them to burst into any home or business, with or without suspicion of wrongdoing. American privacy was violated and property ransacked, often simply as a warning of the king’s power. Some colonist was then undoubtedly the first American to mutter, “But if I have nothing to hide, why should I be afraid?” He soon learned that when a population is categorically treated as a potential enemy, everyone has something to hide if the government claims they do.

The Stamp Act and the flood of kingly offenses that followed created in those who founded the United States a profound suspicion of what an unchecked government could do, and a sense that power and freedom are not likely to coexist comfortably in a democracy. A balancing mechanism was required. In addition to the body of the Constitution outlining what the new nation's government could do, needed was an accounting of what it could not do. The answer was the Bill of Rights.

The Bill's preamble explained the matter this way: “...in order to prevent misconstruction or abuse of [the government's] powers, that further declaratory and restrictive clauses should be added.” Thomas Jefferson commented separately, "[A] bill of rights is what the people are entitled to against every government on earth."

In other words, the Bill of Rights was written to make sure that the new government would not replicate the abuses of power of the old one. Each amendment spoke directly to a specific offense committed by the king. Their purpose collectively was to lay out what the government could never take away. Knowing first-hand the dangers of a police state and unchecked power, those who wrote the Constitution wanted to be clear: never again.

It needs to be said that those imperfect men were very much of their era. They were right about much, but desperately wrong about other things. They addressed “humanity,” but ignored the rights of women and Native Americans. Above all, they did not abolish the institution of slavery, our nation’s Original Sin. It would take many years, and much blood, to begin to rectify those mistakes.

Still, for more than two centuries, the meaning of the Bill of Rights was generally expanded, though -- especially in wartime -- it sometimes temporarily contracted. Yet the basic principles that guided America were sustained despite civil war, world wars, depressions, and endless challenges. Then, one September morning, our Post-Constitutional era began amid falling towers and empty skies. What have we lost since? More than we imagine. A look at the Bill of Rights, amendment by amendment, tells the tale.

The First Amendment
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

The First Amendment was meant to make one thing indisputably clear: free speech was the basis for a government of the people. Without a free press, as well as the ability to openly gather, debate, protest, and criticize, how would the people be able to judge their government's adherence to the other rights? How could people vote knowledgeably if they didn’t know what was being done in their name by their government? An informed citizenry, Thomas Jefferson stated, was "a vital requisite for our survival as a free people."

That was how it was seen long ago. In Post-Constitutional America, however, the government strives to "control the message," to actively thwart efforts to maintain a citizenry informed about what’s done in its name, a concept that these days seems as quaint as Jefferson's powdered wig. There are far too many examples of the post-9/11 erosion of the First Amendment to list here. Let's just look at a few important ones that tell the tale of what we have lost since 9/11.

(Lack of) Freedom of Information
In 1966, an idea for keeping Americans better informed on the workings of their government was hatched: the Freedom of Information Act (FOIA). Strengthened in 1974, it began with the premise that, except for some obvious categories (like serious national security matters and personal information), the position of the government should be: everything it does is available to the public.

Like the Bill of Rights, which made specific the limits of government, FOIA began with a presumption that it was the government’s duty to make information available -- and quickly -- to the people, unless a convincing case could be made otherwise. The default position of the FOIA switch was set to ON.

Three decades later, the FOIA system works far differently. Agencies are generally loath to release documents of any sort and instead put their efforts into creating roadblocks to legitimate requests. Some still require signatures on paper. (The State Department notes, “Requests for personal information cannot be submitted electronically and should be submitted by mail.”) Others demand hyper-detailed information like the precise dates and titles of documents whose dates and titles may be classified and unavailable. The NSA simply denies almost all FOIA requests out of hand, absent a court order.

Most federal agencies now regard the deadline mandated for a response as the time period to send out a “request received” note. They tend to assign only a few staff members to processing requests, leading to near-endless delays. At the State Department, most FOIA work is done on a part-time basis by retirees. The CIA won’t directly release electronic versions of documents. Even when a request is fulfilled, “free” copying is often denied and reproduction costs exaggerated.

In some cases, the requested records have a way of disappearing or are simply removed. The ACLU’s experience when it filed an FOIA-style request with the Sarasota police department on its use of the cell phone surveillance tool Stingray could be considered typical. The morning the ACLU was to review the files, Federal Marshals arrived and physically took possession of them, claiming they had deputized the local cops and made the files federal property. An ACLU spokesperson noted that, in other cases, federal authorities have invoked the Homeland Security Act to prevent the release of records.

John Young, who runs the web site Cryptome and is a steadfast FOIA requester, stated, “Stonewalling, delay, brush-off, lying are normal. It is a delusion for ordinary requesters and a bitch of a challenge for professionals. Churning has become a way of life for FOIA, costly as hell for little results.”

Sealed Lips and the Whistleblower
All government agencies have regulations requiring employees to obtain permission before speaking to the representatives of the people -- that is, journalists. The U.S. Intelligence Community has among the most restrictive of these policies, banning employees and contractors completely from talking with the media without prior authorization. Even speaking about unclassified information is a no-no that may cost you your job. A government ever more in lockdown mode has created what one journalist calls a “culture where censorship is the norm.”

So who does speak to Americans about their government? Growing hordes of spokespeople, communications staff, trained PR crews, and those anonymous “senior officials” who pop up so regularly in news articles in major papers.

With the government obsessively seeking to hide or spin what it does, in-the-sunlight contact barred, and those inside locked behind an iron curtain of secrecy, the whistleblower has become the paradigmatic figure of the era. Not surprisingly, anyone who blows a whistle has, in these years, come under fierce attack.

Pick a case: Tom Drake exposing early NSA efforts to turn its spy tools on Americans, Edward Snowden proving that the government has us under constant surveillance, Chelsea Manning documenting war crimes in Iraq and sleazy diplomacy everywhere, John Kiriakou acknowledging torture by his former employer the CIA, or Robert MacLean revealing Transportation Safety Administration malfeasance. In each instance, the threat of jail was quick to surface. The nuclear option against such truthtellers is the Espionage Act, a law that offended the Constitution when implemented in the midst of World War I. It has been resurrected by the Obama administration as a blunt “wartime” tool for silencing and punishing whistleblowers.

The Obama administration has already charged six people under that act for allegedly mishandling classified information. Even Richard Nixon only invoked it once, in a failed prosecution against Pentagon Papers whistleblower Daniel Ellsberg.

Indeed, the very word “espionage” couldn’t be stranger in the context of these cases. None of those charged spied. None sought to aid an enemy or make money selling secrets. No matter. In Post-Constitutional America, the powers-that-be stand ready to twist language in whatever Orwellian direction is necessary to bridge the gap between reality and the king's needs. In the Espionage Act case of State Department contractor Stephen Kim, a judge departed from previous precedent, ruling that the prosecution need not even show that the information leaked to a Fox news reporter from a CIA report on North Korea could damage U.S. national security or benefit a foreign power. It could still be a part of an “espionage” charge.

A final question might be: How could a law designed almost 100 years ago to stop German spies in wartime have become a tool to silence the few Americans willing to risk everything to exercise their First Amendment rights? When did free speech become a crime?

Self-Censorship and the Press
Each person charged under the Espionage Act in these years was primarily a source for a journalist.

The writers of the Bill of Rights chose to include the term “press” in the First Amendment, specifically carving out a special place for journalists in our democracy. The press was necessary to question government officials directly, comment on their actions, and inform the citizenry about what its government was doing.

Sadly, as the Obama administration is moving ever more fiercely against those who might reveal its acts or documents, the bulk of the media have acquiesced. Glenn Greenwald said it plainly: too many journalists have gone into a self-censoring mode, practicing "obsequious journalism."

For example, a survey of reporters showed “the percentage of U.S. journalists endorsing the occasional use of ‘confidential business or government documents without authorization,’ dropped significantly from 81.8% in 1992 to 57.7% in 2013.” About 40% of American journalists would not have published documents like those Edward Snowden revealed.

And the same has been true of the management of newspapers. In mid-2004, James Risen and Eric Lichtblau uncovered George W. Bush's illegal warrantless eavesdropping program, but the New York Times held the story for 15 months, until after Bush's reelection. Executives at the Times were told by administration officials that if they ran the story, they'd be helping terrorists. They accepted that. In 2006, the Los Angeles Times similarly gave in to the NSA and suppressed a story on government wiretaps of Americans.

Government Efforts to Stop Journalists
Reporters need sources. Increasingly, the government is classifying just about any document it produces -- 92 million documents in 2011 alone. Its intelligence agencies have even classified reports about the over-classification of documents.  As a result, journalistic sources are often pressed into discussing, at great personal risk, classified information. Forcing a reporter to reveal such sources discourages future whistleblowing.

In one of the first of a series of attempts to make journalists reveal their sources, former Fox News reporter Mike Levine stated that the Justice Department persuaded a federal grand jury to subpoena him in January 2011. The demand was that he reveal his sources for a 2009 story about Somali-Americans who were secretly indicted in Minneapolis for joining an al-Qaeda-linked group in Somalia. Levine fought the order and the Department of Justice finally dropped it without comment in April 2012. Call it a failed test case.

According to Washington lawyer Abbe Lowell, who defended Stephen Kim, significant amounts of time have been spent by the Department of Justice in the search for a legal rationale for indicting journalists for their participation in exposing classified documents. A crucial test case is James Risen's 2006 book, State of War, which had an anonymously sourced chapter on a failed CIA operation to disrupt Iran’s nuclear program.

When Risen, citing the First Amendment, refused to identify his source or testify in the trial of the former CIA officer accused of being that source, the government sought to imprison him. He responded that the.
 “Obama administration... wants to use this case and others like it to intimidate reporters and whistleblowers. But I am appealing to the Supreme Court because it is too dangerous to allow the government to conduct national security policy completely in the dark.”
 In June 2014, the Supreme Court refused to take Risen's case on appeal, essentially ratifying a U.S. Court of Appeals decision that the First Amendment didn’t protect a reporter from being forced to testify about “criminal conduct that the reporter personally witnessed or participated in.” That decision makes clear that a reporter receiving classified information from a source is part of the crime of “leaking.”

Risen has said he will go to prison rather than testify. It is possible that, having secured the precedent-setting right to send Risen to jail, the government will bring the suspected leaker to trial without calling on him. Attorney General Eric Holder recently hinted that his Justice Department might take that path -- a break for Risen himself, but not for reporters more generally who now know that they can be jailed for refusing to divulge a source without hope of recourse to the Supreme Court.

The Descent Into Post-Constitutionalism
As with the King of England once upon a time, many of the things the government now does have been approved in secret, sometimes in secret courts according to a secret body of law. Sometimes, they were even approved openly by Congress. In constitutional America, the actions of the executive and the laws passed by Congress were only legal when they did not conflict with the underlying constitutional principles of our democracy.

Not any more. “Law” made in secret, including pretzeled legal interpretations by the Justice Department for the White House, opened the way, for instance, to the use of torture on prisoners and in the Obama years to the drone assassination of Americans. Because such “legalities” remain officially classified, they are, of course, doubly difficult to challenge.

But can’t we count on the usual pendulum swings in American life to change this? There were indeed notable moments in American history when parts of the Constitution were put aside, but none are truly comparable to our current situation. The Civil War lasted five years, with Lincoln's suspension of habeas corpus limited in geography and robustly contested. The World War II Japanese internment camps closed after three years and the persecuted were a sub-set of Japanese-Americans from the West Coast. Senator McCarthy’s notorious career as a communist-hunter lasted four years and ended in shame.

Almost 13 years after the 9/11 attacks, it remains “wartime.” For the war on terror, the driver, excuse, and raison d'ĂȘtre for the tattering of the Bill of Rights, there is no end in sight. Recently retired NSA head Keith Alexander is typical of key figures in the national security state when he claims that despite, well, everything, the country is at greater risk today than ever before. These days, wartime is forever, which means that a government working ever more in secret has ever more latitude to decide which rights in which form applied in what manner are still inalienable.

The usual critical history of our descent into a post-constitutional state goes something like this: in the panic after the 9/11 attacks, under the leadership of Vice President Dick Cheney with the support of President George W. Bush, a cabal of top government officials pushed through legal-lite measures to (as they liked to say) “take the gloves off” and allow kidnapping, torture, illegal surveillance, and offshore imprisonment along with indefinite detention without charges or trial.


Barack Obama, elected on a series of (false) promises to roll back the worst of the Bush-era crimes, while rejecting torture and closing America’s overseas “black sites,” still pushed the process forward in his own way. He expanded executive power, emphasized drone assassinations (including against American citizens), gave amnesty to torturers, increased government secrecy, targeted whistleblowers, and heightened surveillance. In other words, two successive administrations lied, performed legal acrobatics, and bullied their way toward a kind of absolute power that hasn’t been seen since the days of King George. That's the common narrative and, while not wrong, it is incomplete.

Missing Are the People
One key factor remains missing in such a version of post-9/11 events in America: the people. Even today, 45% of Americans, when polled on the subject, agree that torture is “sometimes necessary and acceptable to gain information that may protect the public.”

Americans as a group seem unsure about whether the NSA's global and domestic surveillance is justified, and many remain convinced that Edward Snowden and the journalists who published his material are criminals. The most common meme related to whistleblowers is still “patriot or traitor?” and toward the war on terror, “security or freedom?”

It’s not that Americans are incorrect to be fearful and feel in need of protection. The main thing we need to protect ourselves against, however, is not the modest domestic threat from terrorists, but a new king, a unitary executive that has taken the law for its own, aided and abetted by the courts, supported by a powerful national security state, and unopposed by a riven and weakened Congress.

Without a strong Bill of Rights to protect us -- indeed, secure us -- from the dangers of our own government, we will have gone full-circle to a Post-Constitutional America that shares much in common with the pre-constitutional British colonies.

Yet there is no widespread, mainstream movement of opposition to what the government has been doing. It seems, in fact, that many Americans are willing to accept, perhaps even welcome out of fear, the death of the Bill of Rights, one amendment at a time.

We are the first to see, in however shadowy form, the outlines of what a Post-Constitutional America might look like. We could be the last who might be able to stop it.

• Peter Van Buren blew the whistle on State Department waste and mismanagement during Iraqi reconstruction in his first book, We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People. A TomDispatch regular, he writes about current events at his blog We Meant Well. His new book, Ghosts of Tom Joad: A Story of the #99Percent, is available now.  In future pieces at TomDispatch he will consider other amendments being dismantled in the post-9/11 era.

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Hooser votes "NO" on spying

SUBHEAD: Kauai County Council votes 5-1 for Federal aid to battle "Domestic Terrorism' - like cutting down GMO plants.

By Andy Parx on 20 November 2013 for Parx News Network -
(http://parxnewsdaily.blogspot.com/2013/11/hooser-votes-no-to-spying-software.html)


Image above: One of several GMO papaya trees cut down on the Big Island in 2011. From (http://www.huffingtonpost.com/2011/08/20/genetically-modified-papayas-attacked_n_932152.html).

Councilmember Gary Hooser was the only one to vote against allowing the KPD to accept computer software designed to allow the sharing of intelligence regarding "domestic terrorism,".

The measure passed the Kaua`i County Council this morning (Wednesday 11/20) by a 5-1 vote.

According to a memorandum from KPD chief Darryl Perry the action allows local police to "accept and utilize CrimeNtel, a Windows based software, through the Kaua’i Police Department’s (KPD) collaboration with the Hawai`i State Civil Defense Division of the Department of Defense, for law enforcement purposes and to bring KPD in compliance with the 28 Code of Federal Regulations (CFR) Part 23."

During discussion, members of KPD said hypothetically that one uses of the software could be to track and surveil a suspect in the alleged multiple incidents of vandalism of genetically modified (GM) papaya trees on Hawai`i Island over the past few years.

The Hawai`i Island County Council voted yesterday to ban genetically modified organisms (GMO) but exempted papayas.

According to an attached explanatory sheet also sent to the council by Perry, the federal regulation "governs interjurisdictional and multijurisdictional criminal intelligence systems that are operated by or on behalf of state and local law enforcement agencies and that are funded with certain federal funds."

Hooser indicated he was troubled about the trend toward the sacrificing of people's rights and freedoms in exchange for supposed increased security.

According to Perry's memo "due to its assignment to the Criminal Intelligence Unit, KPD is precluded from publically (sic) releasing any detailed information about the new software."

GM papaya trees have been cut down on Hawai`i Island and representatives from KPD said, under questioning by Councilmember JoAnn Yukimura, that if the Hawai`i Island Police Department (HiPD) told them there was a suspect who was living on Kaua`i they would be able to use the software to surveil the suspect and share the information with HiPD regarding the acts of what they termed "domestic terrorism."

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Battlefield USA

SUBHEAD: De facto state of martial law declared In Boston area over two criminals at-large.

By Mac Slavo on 19 April 2013 SHTF Plan -
(http://www.shtfplan.com/headline-news/battlefield-usa-a-de-facto-state-of-martial-law-has-been-declared_04192013)


Image above: Boston SWAT teams patrolling Boston streets. From original article.

[IB Editor's note: Many more photos are available in original article.]

As news of last night’s incident in Watertown, Massachusetts spread, police from all over the North East converged, once again, on Boston. Along with them were elements of the National Guard and U.S. military.

Though an official announcement has not been made, and likely will not be made, the entire Boston metropolitan area is now in complete lock-down in what can only be described as a de facto state of martial law.

By all accounts, law enforcement and military personnel have classified Boston and surrounding towns a war-zone, especially after a gunfight yesterday evening that left one of the Boston Marathon Bombers dead and the other still at large. In a video of the early morning engagement, rapid gunfire and explosive detonations, believed to be more ‘pressure cooker’ bombs, can be heard as police and residents scrambled.

This has led to shelter-in-place orders being issued by officials, a widespread militarization of nearly a hundred square miles surrounding Boston, and deserted streets throughout the city.

Military personnel have reportedly been patrolling streets, performing door-to-door searches, and defusing or detonating suspected explosive devices.

Section 1031 of the controversial National Defense Authorization Act of 2012 effectively declares the United States a battlefield, suspends the U.S. Constitution and essentially allows the President, through the Department of Homeland Security and the U.S. military, to deploy assets in this war zone as he sees fit:


Section 1031 of the NDAA bill, which itself defines the entirety of the United States as a “battlefield,” allows American citizens to be snatched from the streets, carted off to a foreign detention camp and held indefinitely without trial. The bill states that “any person who has committed a belligerent act” faces indefinite detention, but no trial or evidence has to be presented, the White House merely needs to make the accusation.

Paul said he saw significance in “the announcement and the arrogance of it all,” making reference to the Obama administration’s claim that it can now assassinate American citizens anywhere in the world and noting that the passage of the NDAA bill is an effort to codify the policy into law.


“This is a giant step – this should be the biggest news going right now – literally legalizing martial law,” said Paul, noting that the subject did not come up at all in any of the Republican debates.

Via Infowars
This is what America looks like under martial law:


Image above: Military troops are deployed in Watertown, MA. From original article.

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Armed Drones and You!

SUBHEAD: Obama sees situations where drone attacks in America against US citizens is justifiable.

By Mac Slavo on 6 March 2013 for PHTF Plan -
(http://www.shtfplan.com/headline-news/us-attorney-general-gives-the-go-ahead-on-domestic-drone-strikes-may-be-necessary-under-extraordinary-circumstances_03062013)


Image above: David Dees illustration of Obama ordering drone attack. From original article.

When Congress authorized the deployment of some 30,000 drones over U.S. skies with the passage of the FAA Air Transportation Modernization and Safety Improvement Act in 2012 many civil liberties groups, privacy advocates and Americans expressed their concerns about the possibility that these surveillance tools could be used within the borders of the United States much like they are on the battlefields of the middle east where scores of innocent civilians are killed almost every day as collateral damage in direct strikes against alleged terrorists.

Those fears are very quickly being realized not as possibilities, but actualities.

In response to questions recently voiced by Senator Rand Paul about drone strikes being used against American citizens on American soil without charge or trial, Attorney General Eric Holder issued a public statement indicating that the government has the right to use armed unmanned aerial vehicles should “extraordinary circumstances” arise.

Holder writes:
On February 20, 2013, you wrote to John Brennan requesting additional information concerning the Administration’s views about whether “the President has the power to authorize lethal force, such as a drone strike, against a U.S. citizen on U.S. soil, without a trial.”
As members of this administration have previously indicated, the US government has not carried out drone strikes in the United States and has no intention of doing so. As a policy matter moreover, we reject the use of military force where well-established law enforcement authorities in this country provide the best means for incapacitating a terrorist threat. We have a long history of using the criminal justice system to incapacitate individuals located in our country who pose a threat to the United States and its interests abroad. Hundreds of individuals have been arrested and convicted of terrorism-related offenses in our federal courts. 
The question you have posed is therefore entirely hypothetical, unlikely to occur, and one we hope no president will ever have to confront.
It is possible, I suppose, to imagine an extraordinary circumstance in which it would be necessary and appropriate under the Constitution and applicable laws of the United States for the President to authorize the military to use lethal force within the territory of the United States.
For example, the president could conceivably have no choice but to authorize the military to use such force if necessary to protect the homeland in the circumstances like a catastrophic attack like the ones suffered on December 7, 1941, and September 11, 2001.
Full Text (PDF)
The official position of the United States government is that a drone, or any military asset for that matter, can be deployed by the President of the United States or his surrogates without regard to the sixth amendment of the US Constitution, which requires that citizens be afforded the right of facing their accusers, to call witnesses and to be tried by a jury of their peers.
Senator Paul responded to the Attorney General’s comments and warned of the dangers of the new policy:
“The U.S. Attorney General’s refusal to rule out the possibility of drone strikes on American citizens and on American soil is more than frightening – it is an affront the Constitutional due process rights of all Americans.”
Last month President Obama responded to questions about domestic drone strikes:
First of all… there’s never been a drone used on an American citizen, on American soil.
We respect and have a whole bunch of safeguards in terms of how we conduct counter-terrorism operations outside of the United States. The rules outside of the United States are going to be different than the rules inside of the United States.

I am not somebody who believes that the President has the authority to do whatever he wants or whatever she wants, whenever they want,  just under the guise of  counter-terrorism.
There have to be checks and balances on it.


Based on Eric Holder’s memo, the President, and therefore agencies under his control, do believe that they have the authority to use lethal force against those identified as “terrorists.”

As the Attorney General noted in his letter to Senator Paul, there are hundreds of Americans that have been tried and convicted as terrorists, and thousands more that have been identified as terrorists by government officials.

U.S. attorney Anne Tompkins recently prosecuted Bernard Von Nothaus for minting silver coins he branded as “liberty dollars.” After Vot Nothaus was convicted, Tompkins referred to his actions as a unique form of domestic terrorism.

Local law enforcement officials attending DHS sponsored training events have widely reported that the definitions for “terrorist” activity are becoming very broad, as outlined by one police officer at James Rawles’ Survival Blog:
During the past several years, I have witnessed a dramatic shift in the focus of law enforcement training.  Law enforcement courses have moved away from a local community focus to a federally dominated model of complete social control. Most training I have attended over the past two years have been sponsored by Department of Homeland Security (DHS), namely the Transportation Security Administration (TSA) and Federal Emergency Management Agency (FEMA).
No matter what topic the training session concerns, every DHS sponsored course I have attended over the past few years never fails to branch off into warnings about potential domestic terrorists in the community.

So how does a person qualify as a potential domestic terrorist?  Based on the training I have attended, here are characteristics that qualify:
  • Expressions of libertarian philosophies (statements, bumper stickers)
  • Second Amendment-oriented views (NRA or gun club membership, holding a CCW permit)
  • Survivalist literature (fictional books such as “Patriots” and “One Second After” are mentioned by name)
  • Self-sufficiency (stockpiling food, ammo, hand tools, medical supplies)
  • Fear of economic collapse (buying gold and barter items)
  • Religious views concerning the book of Revelation (apocalypse, anti-Christ)
  • Expressed fears of Big Brother or big government
  • Homeschooling
  • Declarations of Constitutional rights and civil liberties
  • Belief in a New World Order conspiracy
Earlier this year a kindergarten student was suspended from school after officials reported that she made a terrorist threat utilizing a Hello Kitty bubble gun.

The Attorney General of the United States of America just gave the President the go-ahead on domestic drone strikes.

Under the Patriot Act and the National Defense Authorization Act, no Constitutional protections need be afforded to American citizens, thus, anyone can be classified as a domestic terrorist at the President’s discretion.

If you mint a silver coin, stockpile food, refuse to turn in your high capacity magazine, voice beliefs that may be considered subversive to the government, or have a toy resembling a gun, you maybe labeled a terrorist.

As such, you can also be targeted for extermination.

See also:
Huffington Post: Drone strikes against Americans legal 3/6/13
Ea O Ka Aina: Obama Drone Paper 2/4/13
Ea O Ka Aina: Domestic Peace Force 2/4/13
Ea O Ka Aina: Training for Supression of Americans 3/10/12 
Ea O Ka Aina: Feds hunkering down for upheaval 3/19/12
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National Defense Authorization Act

SUBHEAD: Once the state seizes this unchecked power, it will inevitably create a secret, lawless world of indiscriminate violence, terror and gulags.

By Chris Hedges on 11 February 2013 for TruthDig -
(http://www.truthdig.com/report/item/the_ndaa_and_the_death_of_the_democratic_state_20130211)


Image above: Detail of Life magazine color photo of Nazi Feuer Adolph Hitler surrounded by various uniformed security forces. From (http://www.funfoll.com/show/3288/Nazistii-Color.html).

On Wednesday a few hundred activists crowded into the courtroom of the Second Circuit, the spillover room with its faulty audio feed and dearth of chairs, and Foley Square outside the Thurgood Marshall U.S. Courthouse in Manhattan where many huddled in the cold. The fate of the nation, we understood, could be decided by the three judges who will rule on our lawsuit against President Barack Obama for signing into law Section 1021(b)(2) of the National Defense Authorization Act (NDAA).

The section permits the military to detain anyone, including U.S. citizens, who “substantially support”—an undefined legal term—al-Qaida, the Taliban or “associated forces,” again a term that is legally undefined. Those detained can be imprisoned indefinitely by the military and denied due process until “the end of hostilities.” In an age of permanent war this is probably a lifetime. Anyone detained under the NDAA can be sent, according to Section (c)(4), to any “foreign country or entity.” This is, in essence, extraordinary rendition of U.S. citizens. It empowers the government to ship detainees to the jails of some of the most repressive regimes on earth.

Section 1021(b)(2) was declared invalid in September after our first trial, in the Southern District Court of New York. The Obama administration appealed the Southern District Court ruling. The appeal was heard Wednesday in the Second Circuit Court with Judges Raymond J. Lohier, Lewis A. Kaplan and Amalya L. Kearse presiding. The judges might not make a decision until the spring when the Supreme Court rules in Clapper v. Amnesty International USA, another case in which I am a plaintiff. The Supreme Court case challenges the government’s use of electronic surveillance. If we are successful in the Clapper case, it will strengthen all the plaintiffs’ standing in Hedges v. Obama. The Supreme Court, if it rules against the government, will affirm that we as plaintiffs have a reasonable fear of being detained.

If we lose in Hedges v. Obama—and it seems certain that no matter the outcome of the appeal this case will reach the Supreme Court—electoral politics and our rights as citizens will be as empty as those of Nero’s Rome. If we lose, the power of the military to detain citizens, strip them of due process and hold them indefinitely in military prisons will become a terrifying reality. Democrat or Republican. Occupy activist or libertarian. Socialist or tea party stalwart. It does not matter. This is not a partisan fight.

Once the state seizes this unchecked power, it will inevitably create a secret, lawless world of indiscriminate violence, terror and gulags. I lived under several military dictatorships during the two decades I was a foreign correspondent. I know the beast.

“The stakes are very high,” said attorney Carl Mayer, who with attorney Bruce Afran brought our case to trial, in addressing a Culture Project audience in Manhattan on Wednesday after the hearing. “What our case comes down to is: Are we going to have a civil justice system in the United States or a military justice system? The civil justice system is something that is ingrained in the Constitution. It was always very important in combating tyranny and building a democratic society.

What the NDAA is trying to impose is a system of military justice that allows the military to police the streets of America to detain U.S. citizens, to detain residents in the United States in military prisons. Probably the most frightening aspect of the NDAA is that it allows for detention until ‘the end of hostilities.’ ” [To see videos of Mayer, Afran, Hedges and other participating in the Culture Project panel discussion, click here.]

Five thousand years of human civilization has left behind innumerable ruins to remind us that the grand structures and complex societies we build, and foolishly venerate as immortal, crumble into dust. It is the descent that matters now.

If the corporate state is handed the tools, as under Section 1021(b)(2) of the NDAA, to use deadly force and military power to criminalize dissent, then our decline will be one of repression, blood and suffering. No one, not least our corporate overlords, believes that our material conditions will improve with the impending collapse of globalization, the steady deterioration of the global economy, the decline of natural resources and the looming catastrophes of climate change.

But the global corporatists—who have created a new species of totalitarianism—demand, during our decay, total power to extract the last vestiges of profit from a degraded ecosystem and disempowered citizenry. The looming dystopia is visible in the skies of blighted postindustrial cities such as Flint, Mich., where drones circle like mechanical vultures. And in an era where the executive branch can draw up secret kill lists that include U.S. citizens, it would be naive to believe these domestic drones will remain unarmed.

Robert M. Loeb, the lead attorney for the government in Wednesday’s proceedings, took a tack very different from that of the government in the Southern District Court of New York before Judge Katherine B. Forrest. Forrest repeatedly asked the government attorneys if they could guarantee that the other plaintiffs and I would not be subject to detention under Section 1021(b)(2).

The government attorneys in the first trial granted no such immunity. The government also claimed in the first trial that under the 2001 Authorization to Use Military Force Act (AUMF), it already had the power to detain U.S. citizens. Section 1021(b)(2), the attorneys said, did not constitute a significant change in government power. Judge Forrest in September rejected the government’s arguments and ruled Section 1021(b)(2) invalid.

The government, however, argued Wednesday that as “independent journalists” we were exempt from the law and had no cause for concern. Loeb stated that if journalists used journalism as a cover to aid the enemy, they would be seized and treated as enemy combatants. But he assured the court that I would be untouched by the new law as long as “Mr. Hedges did not start driving black vans for people we don’t like.”

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The Second Amendment Attack

SUBHEAD: A free people should have sufficient arms and ammunition to maintain a status of independence.

By Mac Slavo on 24 January 2013 for SHTF Plan -
(http://www.shtfplan.com/headline-news/intent-a-free-people-should-have-sufficient-arms-and-ammunition-to-maintain-a-status-of-independence-from-any-who-might-attempt-to-abuse-them_01242013)


Image above: "Nation Makers" by Howard Pyle, the legendary local artist, part of the collection at the Brandywine River Museum. This is Pyle's imagined vision of Gen. George Washington leading armed militia into battle. From (http://www.unionvilletimes.com/?p=3403).
“A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government.”
George Washington
We’ve all heard the argument from those who would disarm America that the Second Amendment is an archaic law that should be repealed, or at the very least re-written. They say that you should turn in your ‘militarized assault’ firearms because they are not necessary for sporting, hunting or personal defense. They tell us that the protections afforded by our right to bear arms are ambiguous and unnecessary in our modern-day society.

But those who support dismantling our rights under the U.S. Constitution rarely cite our Founders’ reasoning for this fundamental law of the land – whether due to ignorance or because it doesn’t play into their ideologies of an all-knowing, benevolent centralized government.

The following compendium of quotes from our Founders are so clear and succinct that even the most outspoken of gun grabbers would find it impossible to argue the original intent of this essential Constitutional Amendment.
Via Infowars:
“The Constitution preserves “the advantage of being armed which Americans possess over the people of almost every other nation…(where) the governments are afraid to trust the people with arms.”
James Madison, The Federalist, No. 46
“The best we can hope for concerning the people at large is that they be properly armed.” – Alexander Hamilton, The Federalist Papers
“Are we at last brought to such an humiliating and debasing degradation that we cannot be trusted with arms for our own defense?” 
– Patrick Henry
“The very atmosphere of firearms anywhere and everywhere restrains evil interference – they deserve a place of honor with all that’s good.”
George Washington
Those who would supplant our right to bear arms – the one Amendment that makes it possible to ensure the authority of all the others – are no different than dictators like Stalin, Mao, and Hitler who are responsible for the deaths of hundreds of millions of people – all of whom had no means of defending themselves when the henchmen of tyranny kicked in their doors.


Video above ":Founding Fathers Battle Gun Grabbers From the Grave". From (http://youtu.be/Yx4xjxmPwQo)

TSA dropping X-Ray scanners

SUBHEAD: TSA is abandoning expensive body scanners x-ray technology after law suit on privacy invasion.

By Lizzy Duffy on 19 January 2013 for NPR News -
(http://www.npr.org/blogs/thetwo-way/2013/01/18/169733300/invasive-body-scanners-will-be-removed-from-airports)


Image above: Information presented by TSA as to what its agents should see of your private parts. From original article.

The Transportation Security Administration will remove controversial body scanners from airport security after OSI Systems Inc. didn't update its machines' software to make scanned images of airline passengers less revealing.

"It became clear to TSA they would be unable to meet our timeline," Karen Shelton Waters the agency's assistant administrator for acquisitions told Bloomberg News. "As a result of that, we terminated the contract for the convenience of the government."

Privacy advocates have said that the images are offensive, particularly when children and the elderly are scanned.

"TSA will end a $5 million contract with OSI's Rapiscan unit for the software," Jeff Plungis reports for Bloomberg, "after Administrator John Pistole concluded the company couldn't meet a congressional deadline to produce generic passenger images."

Last year, 76 Rapiscan scanners were removed from the busiest U.S. airports. As Pro Publica reported, the TSA's main concern was that the scanners slowed down security checkpoints. The remaining 174 machines will be taken out of airports gradually.

Body scanners from another manufacturer, L-3 Communications Holdings Inc., which met the TSA's requirements, are now expected to be used in more airports.

L-3 scanning machines use millimeter-wave technology — radio frequencies that find metallic and non-metallic items — while Rapiscan uses "backscatter" technology that relies on X-ray radiation.

Scanners that used X-rays spread to more airports after Christmas Day of 2009, when Umar Farouk Abdulmutallab's failed attempt to blow up a Northwest Airlines flight with explosives in his underwear.

But in July of 2010, the Electronic Privacy Information Center sued the TSA, saying that the scanners violated privacy laws and that the imagery was equivalent to a "physically invasive strip search."

As Pro Publica reports, X-ray scanners worth about $14 million are now sitting in a warehouse in Texas.

See also:
Ea O Ka Aina: Porno Scanner X-Ray Danger 11/22/10


Image above: Mashup of X-Ray porn with assist by Juan Wilson.
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Screwing with the internet

SUBHEAD: Yesterday there was a peculiar breakdown of internet service. It could have been a glitch or it could have been the NSA.

By Juan Wilson on 11 September 2012 for Island Breath -
(http://islandbreath.blogspot.com/2012/09/screwing-with-internet.html)


Image above: Anonymous and V for Vendetta, or is it the NSA. From (http://www.examiner.com/article/go-daddy-hosted-sites-off-line-anonymous-member-claims-responsibility).

Yesterday morning when we booted our computer to post the days articles on Island Breath a strange thing happened. We couldn't raise our website. We have a peculiar structure to our site... it resides in two realms. One is at (www.islandbreath.org). This is the overarching parent and frame of Island Breath as well as the location of all graphic images. Articles created prior to 2009 are also there.

The other realm is where new individual articles are posted (http://islandbreath.blogspot.com). I won't go into the details, but this arrangement makes it easier for our editors to put the stories together.

The (www.islandbreath.org) was unavailable yesterday morning, whereas (http://islandbreath.blogspot.com) was available. As a result no one, including us, could get to our home page, and if they could find a posted article there was no graphics. This was because the host for  (www.islandbreath.org) who have their servers in Phoenix, Arizona, could not be reached through any web browser we tried in Windows or Mac operating systems.

Our blogspot  posted articles are hosted by Google and Google did not seen affected by the overall blackout, but other sites were.

Yesterday morning Chris Record wrote at (http://www.empowernetwork.com/takemassiveaction/blog/godaddy-hacked-on-9-10-2012/)
GoDaddy has been Hacked!
If you use email, or surf the web, or have any domains at GoDaddy, you are likely affected by the Anonymous Hack on Godaddy today.

Servers are down.  Emails are down.  Websites are Down.  Millions of them…They are currently troubleshooting the issues, and there is not much that we can do but sit back and wait and contemplate what life is like without the internet for a little while.

Godaddy Hacked!

Well, it wasn't just GoDaddy sites affected. We use (www.VoxDomains.com) and all the sites they hosted, as well as their parent site, were down. Calls to the company resulted in either that funny beeping you get when you cannot make a connection  - or when you could - an insane mix of muzak and interrupted robotic messages about how important our call was, and all we had to do was hang on.

We noticed that big corporate internet sites seemed unaffected. Lots of independent  and small business sties were. For example, the website of storage facility at the Lawai Cannery was out all morning and intothe afternoon. There business database is online and was unavailable.

Maybe it was an Anonymous hack and maybe not. Another suggestion was that it was an NSA interruption to better secure flow and control of selected intelligence targets.

See also:
http://techcrunch.com/2012/09/10/godaddy-outage-takes-down-millions-of-sites
http://www.examiner.com/article/go-daddy-hosted-sites-off-line-anonymous-member-claims-responsibility
Ea O Ka Aina: Big Brother's New Home 3/15/12
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Big Brother's new home

SUBHEAD: The NSA is building the country's biggest domestic and international spy center.

By James Bamford on 15 March 2012 for Wired Magazine -
(http://www.wired.com/threatlevel/2012/03/ff_nsadatacenter/all/1)


Image above: Big Brother's new headquarters - the NSA's Utah Data Center in Bluffdale under construction. From original article.

The spring air in the small, sand-dusted town has a soft haze to it, and clumps of green-gray sagebrush rustle in the breeze. Bluffdale sits in a bowl-shaped valley in the shadow of Utah’s Wasatch Range to the east and the Oquirrh Mountains to the west. It’s the heart of Mormon country, where religious pioneers first arrived more than 160 years ago. They came to escape the rest of the world, to understand the mysterious words sent down from their god as revealed on buried golden plates, and to practice what has become known as “the principle,” marriage to multiple wives.

Today Bluffdale is home to one of the nation’s largest sects of polygamists, the Apostolic United Brethren, with upwards of 9,000 members. The brethren’s complex includes a chapel, a school, a sports field, and an archive. Membership has doubled since 1978—and the number of plural marriages has tripled—so the sect has recently been looking for ways to purchase more land and expand throughout the town.

But new pioneers have quietly begun moving into the area, secretive outsiders who say little and keep to themselves. Like the pious polygamists, they are focused on deciphering cryptic messages that only they have the power to understand. Just off Beef Hollow Road, less than a mile from brethren headquarters, thousands of hard-hatted construction workers in sweat-soaked T-shirts are laying the groundwork for the newcomers’ own temple and archive, a massive complex so large that it necessitated expanding the town’s boundaries. Once built, it will be more than five times the size of the US Capitol.

Rather than Bibles, prophets, and worshippers, this temple will be filled with servers, computer intelligence experts, and armed guards. And instead of listening for words flowing down from heaven, these newcomers will be secretly capturing, storing, and analyzing vast quantities of words and images hurtling through the world’s telecommunications networks. In the little town of Bluffdale, Big Love and Big Brother have become uneasy neighbors.

The NSA has become the largest, most covert, and potentially most intrusive intelligence agency ever.

Under construction by contractors with top-secret clearances, the blandly named Utah Data Center is being built for the National Security Agency. A project of immense secrecy, it is the final piece in a complex puzzle assembled over the past decade. Its purpose: to intercept, decipher, analyze, and store vast swaths of the world’s communications as they zap down from satellites and zip through the underground and undersea cables of international, foreign, and domestic networks.

The heavily fortified $2 billion center should be up and running in September 2013. Flowing through its servers and routers and stored in near-bottomless databases will be all forms of communication, including the complete contents of private emails, cell phone calls, and Google searches, as well as all sorts of personal data trails—parking receipts, travel itineraries, bookstore purchases, and other digital “pocket litter.” It is, in some measure, the realization of the “total information awareness” program created during the first term of the Bush administration—an effort that was killed by Congress in 2003 after it caused an outcry over its potential for invading Americans’ privacy.

But “this is more than just a data center,” says one senior intelligence official who until recently was involved with the program. The mammoth Bluffdale center will have another important and far more secret role that until now has gone unrevealed. It is also critical, he says, for breaking codes.

And code-breaking is crucial, because much of the data that the center will handle—financial information, stock transactions, business deals, foreign military and diplomatic secrets, legal documents, confidential personal communications—will be heavily encrypted. According to another top official also involved with the program, the NSA made an enormous breakthrough several years ago in its ability to cryptanalyze, or break, unfathomably complex encryption systems employed by not only governments around the world but also many average computer users in the US. The upshot, according to this official: “Everybody’s a target; everybody with communication is a target.”

For the NSA, overflowing with tens of billions of dollars in post-9/11 budget awards, the cryptanalysis breakthrough came at a time of explosive growth, in size as well as in power. Established as an arm of the Department of Defense following Pearl Harbor, with the primary purpose of preventing another surprise assault, the NSA suffered a series of humiliations in the post-Cold War years. Caught offguard by an escalating series of terrorist attacks—the first World Trade Center bombing, the blowing up of US embassies in East Africa, the attack on the USS Cole in Yemen, and finally the devastation of 9/11—some began questioning the agency’s very reason for being.

In response, the NSA has quietly been reborn. And while there is little indication that its actual effectiveness has improved—after all, despite numerous pieces of evidence and intelligence-gathering opportunities, it missed the near-disastrous attempted attacks by the underwear bomber on a flight to Detroit in 2009 and by the car bomber in Times Square in 2010—there is no doubt that it has transformed itself into the largest, most covert, and potentially most intrusive intelligence agency ever created.

In the process—and for the first time since Watergate and the other scandals of the Nixon administration—the NSA has turned its surveillance apparatus on the US and its citizens. It has established listening posts throughout the nation to collect and sift through billions of email messages and phone calls, whether they originate within the country or overseas. It has created a supercomputer of almost unimaginable speed to look for patterns and unscramble codes. Finally, the agency has begun building a place to store all the trillions of words and thoughts and whispers captured in its electronic net. And, of course, it’s all being done in secret. To those on the inside, the old adage that NSA stands for Never Say Anything applies more than ever.

When construction is completed in 2013, the heavily fortified $2 billion facility in Bluffdale will encompass 1 million square feet.
A swath of freezing fog blanketed Salt Lake City on the morning of January 6, 2011, mixing with a weeklong coating of heavy gray smog. Red air alerts, warning people to stay indoors unless absolutely necessary, had become almost daily occurrences, and the temperature was in the bone-chilling twenties. “What I smell and taste is like coal smoke,” complained one local blogger that day. At the city’s international airport, many inbound flights were delayed or diverted while outbound regional jets were grounded.

But among those making it through the icy mist was a figure whose gray suit and tie made him almost disappear into the background. He was tall and thin, with the physique of an aging basketball player and dark caterpillar eyebrows beneath a shock of matching hair. Accompanied by a retinue of bodyguards, the man was NSA deputy director Chris Inglis, the agency’s highest-ranking civilian and the person who ran its worldwide day-to-day operations.

A short time later, Inglis arrived in Bluffdale at the site of the future data center, a flat, unpaved runway on a little-used part of Camp Williams, a National Guard training site. There, in a white tent set up for the occasion, Inglis joined Harvey Davis, the agency’s associate director for installations and logistics, and Utah senator Orrin Hatch, along with a few generals and politicians in a surreal ceremony. Standing in an odd wooden sandbox and holding gold-painted shovels, they made awkward jabs at the sand and thus officially broke ground on what the local media had simply dubbed “the spy center.” Hoping for some details on what was about to be built, reporters turned to one of the invited guests, Lane Beattie of the Salt Lake Chamber of Commerce. Did he have any idea of the purpose behind the new facility in his backyard? “Absolutely not,” he said with a self-conscious half laugh. “Nor do I want them spying on me.”

For his part, Inglis simply engaged in a bit of double-talk, emphasizing the least threatening aspect of the center: “It’s a state-of-the-art facility designed to support the intelligence community in its mission to, in turn, enable and protect the nation’s cybersecurity.” While cybersecurity will certainly be among the areas focused on in Bluffdale, what is collected, how it’s collected, and what is done with the material are far more important issues. Battling hackers makes for a nice cover—it’s easy to explain, and who could be against it? Then the reporters turned to Hatch, who proudly described the center as “a great tribute to Utah,” then added, “I can’t tell you a lot about what they’re going to be doing, because it’s highly classified.”

And then there was this anomaly: Although this was supposedly the official ground-breaking for the nation’s largest and most expensive cybersecurity project, no one from the Department of Homeland Security, the agency responsible for protecting civilian networks from cyberattack, spoke from the lectern. In fact, the official who’d originally introduced the data center, at a press conference in Salt Lake City in October 2009, had nothing to do with cybersecurity. It was Glenn A. Gaffney, deputy director of national intelligence for collection, a man who had spent almost his entire career at the CIA. As head of collection for the intelligence community, he managed the country’s human and electronic spies.

Within days, the tent and sandbox and gold shovels would be gone and Inglis and the generals would be replaced by some 10,000 construction workers. “We’ve been asked not to talk about the project,” Rob Moore, president of Big-D Construction, one of the three major contractors working on the project, told a local reporter. The plans for the center show an extensive security system: an elaborate $10 million antiterrorism protection program, including a fence designed to stop a 15,000-pound vehicle traveling 50 miles per hour, closed-circuit cameras, a biometric identification system, a vehicle inspection facility, and a visitor-control center.

Inside, the facility will consist of four 25,000-square-foot halls filled with servers, complete with raised floor space for cables and storage. In addition, there will be more than 900,000 square feet for technical support and administration. The entire site will be self-sustaining, with fuel tanks large enough to power the backup generators for three days in an emergency, water storage with the capability of pumping 1.7 million gallons of liquid per day, as well as a sewage system and massive air-conditioning system to keep all those servers cool. Electricity will come from the center’s own substation built by Rocky Mountain Power to satisfy the 65-megawatt power demand. Such a mammoth amount of energy comes with a mammoth price tag—about $40 million a year, according to one estimate.

Given the facility’s scale and the fact that a terabyte of data can now be stored on a flash drive the size of a man’s pinky, the potential amount of information that could be housed in Bluffdale is truly staggering. But so is the exponential growth in the amount of intelligence data being produced every day by the eavesdropping sensors of the NSA and other intelligence agencies. As a result of this “expanding array of theater airborne and other sensor networks,” as a 2007 Department of Defense report puts it, the Pentagon is attempting to expand its worldwide communications network, known as the Global Information Grid, to handle yottabytes (1024 bytes) of data. (A yottabyte is a septillion bytes—so large that no one has yet coined a term for the next higher magnitude.)

It needs that capacity because, according to a recent report by Cisco, global Internet traffic will quadruple from 2010 to 2015, reaching 966 exabytes per year. (A million exabytes equal a yottabyte.) In terms of scale, Eric Schmidt, Google’s former CEO, once estimated that the total of all human knowledge created from the dawn of man to 2003 totaled 5 exabytes. And the data flow shows no sign of slowing. In 2011 more than 2 billion of the world’s 6.9 billion people were connected to the Internet. By 2015, market research firm IDC estimates, there will be 2.7 billion users. Thus, the NSA’s need for a 1-million-square-foot data storehouse. Should the agency ever fill the Utah center with a yottabyte of information, it would be equal to about 500 quintillion (500,000,000,000,000,000,000) pages of text.

The data stored in Bluffdale will naturally go far beyond the world’s billions of public web pages. The NSA is more interested in the so-called invisible web, also known as the deep web or deepnet—data beyond the reach of the public. This includes password-protected data, US and foreign government communications, and noncommercial file-sharing between trusted peers. “The deep web contains government reports, databases, and other sources of information of high value to DOD and the intelligence community,” according to a 2010 Defense Science Board report. “Alternative tools are needed to find and index data in the deep web … Stealing the classified secrets of a potential adversary is where the [intelligence] community is most comfortable.” With its new Utah Data Center, the NSA will at last have the technical capability to store, and rummage through, all those stolen secrets. The question, of course, is how the agency defines who is, and who is not, “a potential adversary.”

Once it’s operational, the Utah Data Center will become, in effect, the NSA’s cloud. The center will be fed data collected by the agency’s eavesdropping satellites, overseas listening posts, and secret monitoring rooms in telecom facilities throughout the US. All that data will then be accessible to the NSA’s code breakers, data-miners, China analysts, counterterrorism specialists, and others working at its Fort Meade headquarters and around the world. Here’s how the data center appears to fit into the NSA’s global puzzle.

1 Geostationary satellites

Four satellites positioned around the globe monitor frequencies carrying everything from walkie-talkies and cell phones in Libya to radar systems in North Korea. Onboard software acts as the first filter in the collection process, targeting only key regions, countries, cities, and phone numbers or email.

2 Aerospace Data Facility, Buckley AF Base, CO

Intelligence collected from the geostationary satellites, as well as signals from other spacecraft and overseas listening posts, is relayed to this facility outside Denver. About 850 NSA employees track the satellites, transmit target information, and download the intelligence haul.

3 NSA Georgia, Fort Gordon, Augusta, GA

Focuses on intercepts from Europe, the Middle East, and North Africa. Codenamed Sweet Tea, the facility has been massively expanded and now consists of a 604,000-square-foot operations building for up to 4,000 intercept operators, analysts, and other specialists.

4 NSA Texas, Lackland Air Force Base TX

Focuses on intercepts from Latin America and, since 9/11, the Middle East and Europe. Some 2,000 workers staff the operation. The NSA recently completed a $100 million renovation on a mega-data center here—a backup storage facility for the Utah Data Center.

5 NSA Hawaii, Oahu

Focuses on intercepts from Asia. Built to house an aircraft assembly plant during World War II, the 250,000-square-foot bunker is nicknamed the Hole. Like the other NSA operations centers, it has since been expanded: Its 2,700 employees now do their work aboveground from a new 234,000-square-foot facility.

6 Domestic listening posts

The NSA has long been free to eavesdrop on international satellite communications. But after 9/11, it installed taps in US telecom “switches,” gaining access to domestic traffic. An ex-NSA official says there are 10 to 20 such installations.

7 Overseas listening posts

According to a knowledgeable intelligence source, the NSA has installed taps on at least a dozen of the major overseas communications links, each capable of eavesdropping on information passing by at a high data rate.

8 Utah Data Center, Bluffdale, UT

At a million square feet, this $2 billion digital storage facility outside Salt Lake City will be the centerpiece of the NSA’s cloud-based data strategy and essential in its plans for decrypting previously uncrackable documents.

9 Multiprogram Research Facility, Oak Ridge, TN

Some 300 scientists and computer engineers with top security clearance toil away here, building the world’s fastest supercomputers and working on cryptanalytic applications and other secret projects.

10 NSA headquarters, Fort Meade, MD

Analysts here will access material stored at Bluffdale to prepare reports and recommendations that are sent to policymakers. To handle the increased data load, the NSA is also building an $896 million supercomputer center here.
Before yottabytes of data from the deep web and elsewhere can begin piling up inside the servers of the NSA’s new center, they must be collected. To better accomplish that, the agency has undergone the largest building boom in its history, including installing secret electronic monitoring rooms in major US telecom facilities. Controlled by the NSA, these highly secured spaces are where the agency taps into the US communications networks, a practice that came to light during the Bush years but was never acknowledged by the agency.

The broad outlines of the so-called warrantless-wiretapping program have long been exposed—how the NSA secretly and illegally bypassed the Foreign Intelligence Surveillance Court, which was supposed to oversee and authorize highly targeted domestic eavesdropping; how the program allowed wholesale monitoring of millions of American phone calls and email. In the wake of the program’s exposure, Congress passed the FISA Amendments Act of 2008, which largely made the practices legal. Telecoms that had agreed to participate in the illegal activity were granted immunity from prosecution and lawsuits. What wasn’t revealed until now, however, was the enormity of this ongoing domestic spying program.

For the first time, a former NSA official has gone on the record to describe the program, codenamed Stellar Wind, in detail. William Binney was a senior NSA crypto-mathematician largely responsible for automating the agency’s worldwide eavesdropping network. A tall man with strands of black hair across the front of his scalp and dark, determined eyes behind thick-rimmed glasses, the 68-year-old spent nearly four decades breaking codes and finding new ways to channel billions of private phone calls and email messages from around the world into the NSA’s bulging databases. As chief and one of the two cofounders of the agency’s Signals Intelligence Automation Research Center, Binney and his team designed much of the infrastructure that’s still likely used to intercept international and foreign communications.
He explains that the agency could have installed its tapping gear at the nation’s cable landing stations—the more than two dozen sites on the periphery of the US where fiber-optic cables come ashore. If it had taken that route, the NSA would have been able to limit its eavesdropping to just international communications, which at the time was all that was allowed under US law. Instead it chose to put the wiretapping rooms at key junction points throughout the country—large, windowless buildings known as switches—thus gaining access to not just international communications but also to most of the domestic traffic flowing through the US. The network of intercept stations goes far beyond the single room in an AT&T building in San Francisco exposed by a whistle-blower in 2006. “I think there’s 10 to 20 of them,” Binney says. “That’s not just San Francisco; they have them in the middle of the country and also on the East Coast.”

The eavesdropping on Americans doesn’t stop at the telecom switches. To capture satellite communications in and out of the US, the agency also monitors AT&T’s powerful earth stations, satellite receivers in locations that include Roaring Creek and Salt Creek. Tucked away on a back road in rural Catawissa, Pennsylvania, Roaring Creek’s three 105-foot dishes handle much of the country’s communications to and from Europe and the Middle East. And on an isolated stretch of land in remote Arbuckle, California, three similar dishes at the company’s Salt Creek station service the Pacific Rim and Asia.

The former NSA official held his thumb and forefinger close together: “We are that far from a turnkey totalitarian state.”
Binney left the NSA in late 2001, shortly after the agency launched its warrantless-wiretapping program. “They violated the Constitution setting it up,” he says bluntly. “But they didn’t care. They were going to do it anyway, and they were going to crucify anyone who stood in the way. When they started violating the Constitution, I couldn’t stay.” Binney says Stellar Wind was far larger than has been publicly disclosed and included not just eavesdropping on domestic phone calls but the inspection of domestic email. At the outset the program recorded 320 million calls a day, he says, which represented about 73 to 80 percent of the total volume of the agency’s worldwide intercepts. The haul only grew from there. According to Binney—who has maintained close contact with agency employees until a few years ago—the taps in the secret rooms dotting the country are actually powered by highly sophisticated software programs that conduct “deep packet inspection,” examining Internet traffic as it passes through the 10-gigabit-per-second cables at the speed of light.

The software, created by a company called Narus that’s now part of Boeing, is controlled remotely from NSA headquarters at Fort Meade in Maryland and searches US sources for target addresses, locations, countries, and phone numbers, as well as watch-listed names, keywords, and phrases in email. Any communication that arouses suspicion, especially those to or from the million or so people on agency watch lists, are automatically copied or recorded and then transmitted to the NSA.
The scope of surveillance expands from there, Binney says. Once a name is entered into the Narus database, all phone calls and other communications to and from that person are automatically routed to the NSA’s recorders. “Anybody you want, route to a recorder,” Binney says. “If your number’s in there? Routed and gets recorded.” He adds, “The Narus device allows you to take it all.” And when Bluffdale is completed, whatever is collected will be routed there for storage and analysis.
According to Binney, one of the deepest secrets of the Stellar Wind program—again, never confirmed until now—was that the NSA gained warrantless access to AT&T’s vast trove of domestic and international billing records, detailed information about who called whom in the US and around the world. As of 2007, AT&T had more than 2.8 trillion records housed in a database at its Florham Park, New Jersey, complex.

Verizon was also part of the program, Binney says, and that greatly expanded the volume of calls subject to the agency’s domestic eavesdropping. “That multiplies the call rate by at least a factor of five,” he says. “So you’re over a billion and a half calls a day.” (Spokespeople for Verizon and AT&T said their companies would not comment on matters of national security.)

After he left the NSA, Binney suggested a system for monitoring people’s communications according to how closely they are connected to an initial target. The further away from the target—say you’re just an acquaintance of a friend of the target—the less the surveillance. But the agency rejected the idea, and, given the massive new storage facility in Utah, Binney suspects that it now simply collects everything. “The whole idea was, how do you manage 20 terabytes of intercept a minute?” he says. “The way we proposed was to distinguish between things you want and things you don’t want.” Instead, he adds, “they’re storing everything they gather.” And the agency is gathering as much as it can.
Once the communications are intercepted and stored, the data-mining begins. “You can watch everybody all the time with data- mining,” Binney says. Everything a person does becomes charted on a graph, “financial transactions or travel or anything,” he says. Thus, as data like bookstore receipts, bank statements, and commuter toll records flow in, the NSA is able to paint a more and more detailed picture of someone’s life.

The NSA also has the ability to eavesdrop on phone calls directly and in real time. According to Adrienne J. Kinne, who worked both before and after 9/11 as a voice interceptor at the NSA facility in Georgia, in the wake of the World Trade Center attacks “basically all rules were thrown out the window, and they would use any excuse to justify a waiver to spy on Americans.” Even journalists calling home from overseas were included. “A lot of time you could tell they were calling their families,” she says, “incredibly intimate, personal conversations.” Kinne found the act of eavesdropping on innocent fellow citizens personally distressing. “It’s almost like going through and finding somebody’s diary,” she says.

In secret listening rooms nationwide, NSA software examines every email, phone call, and tweet as they zip by.
But there is, of course, reason for anyone to be distressed about the practice. Once the door is open for the government to spy on US citizens, there are often great temptations to abuse that power for political purposes, as when Richard Nixon eavesdropped on his political enemies during Watergate and ordered the NSA to spy on antiwar protesters. Those and other abuses prompted Congress to enact prohibitions in the mid-1970s against domestic spying.

Before he gave up and left the NSA, Binney tried to persuade officials to create a more targeted system that could be authorized by a court. At the time, the agency had 72 hours to obtain a legal warrant, and Binney devised a method to computerize the system. “I had proposed that we automate the process of requesting a warrant and automate approval so we could manage a couple of million intercepts a day, rather than subvert the whole process.” But such a system would have required close coordination with the courts, and NSA officials weren’t interested in that, Binney says. Instead they continued to haul in data on a grand scale. Asked how many communications—”transactions,” in NSA’s lingo—the agency has intercepted since 9/11, Binney estimates the number at “between 15 and 20 trillion, the aggregate over 11 years.”

When Barack Obama took office, Binney hoped the new administration might be open to reforming the program to address his constitutional concerns. He and another former senior NSA analyst, J. Kirk Wiebe, tried to bring the idea of an automated warrant-approval system to the attention of the Department of Justice’s inspector general. They were given the brush-off. “They said, oh, OK, we can’t comment,” Binney says.

Sitting in a restaurant not far from NSA headquarters, the place where he spent nearly 40 years of his life, Binney held his thumb and forefinger close together. “We are, like, that far from a turnkey totalitarian state,” he says.

There is still one technology preventing untrammeled government access to private digital data: strong encryption. Anyone—from terrorists and weapons dealers to corporations, financial institutions, and ordinary email senders—can use it to seal their messages, plans, photos, and documents in hardened data shells. For years, one of the hardest shells has been the Advanced Encryption Standard, one of several algorithms used by much of the world to encrypt data. Available in three different strengths—128 bits, 192 bits, and 256 bits—it’s incorporated in most commercial email programs and web browsers and is considered so strong that the NSA has even approved its use for top-secret US government communications. Most experts say that a so-called brute-force computer attack on the algorithm—trying one combination after another to unlock the encryption—would likely take longer than the age of the universe. For a 128-bit cipher, the number of trial-and-error attempts would be 340 undecillion (1036).

Breaking into those complex mathematical shells like the AES is one of the key reasons for the construction going on in Bluffdale. That kind of cryptanalysis requires two major ingredients: super-fast computers to conduct brute-force attacks on encrypted messages and a massive number of those messages for the computers to analyze. The more messages from a given target, the more likely it is for the computers to detect telltale patterns, and Bluffdale will be able to hold a great many messages. “We questioned it one time,” says another source, a senior intelligence manager who was also involved with the planning. “Why were we building this NSA facility? And, boy, they rolled out all the old guys—the crypto guys.” According to the official, these experts told then-director of national intelligence Dennis Blair, “You’ve got to build this thing because we just don’t have the capability of doing the code-breaking.” It was a candid admission. In the long war between the code breakers and the code makers—the tens of thousands of cryptographers in the worldwide computer security industry—the code breakers were admitting defeat.

So the agency had one major ingredient—a massive data storage facility—under way. Meanwhile, across the country in Tennessee, the government was working in utmost secrecy on the other vital element: the most powerful computer the world has ever known.

The plan was launched in 2004 as a modern-day Manhattan Project. Dubbed the High Productivity Computing Systems program, its goal was to advance computer speed a thousandfold, creating a machine that could execute a quadrillion (1015) operations a second, known as a petaflop—the computer equivalent of breaking the land speed record. And as with the Manhattan Project, the venue chosen for the supercomputing program was the town of Oak Ridge in eastern Tennessee, a rural area where sharp ridges give way to low, scattered hills, and the southwestward-flowing Clinch River bends sharply to the southeast. About 25 miles from Knoxville, it is the “secret city” where uranium- 235 was extracted for the first atomic bomb. A sign near the exit read: what you see here, what you do here, what you hear here, when you leave here, let it stay here. Today, not far from where that sign stood, Oak Ridge is home to the Department of Energy’s Oak Ridge National Laboratory, and it’s engaged in a new secret war. But this time, instead of a bomb of almost unimaginable power, the weapon is a computer of almost unimaginable speed.

In 2004, as part of the supercomputing program, the Department of Energy established its Oak Ridge Leadership Computing Facility for multiple agencies to join forces on the project. But in reality there would be two tracks, one unclassified, in which all of the scientific work would be public, and another top-secret, in which the NSA could pursue its own computer covertly. “For our purposes, they had to create a separate facility,” says a former senior NSA computer expert who worked on the project and is still associated with the agency. (He is one of three sources who described the program.) It was an expensive undertaking, but one the NSA was desperate to launch.

Known as the Multiprogram Research Facility, or Building 5300, the $41 million, five-story, 214,000-square-foot structure was built on a plot of land on the lab’s East Campus and completed in 2006. Behind the brick walls and green-tinted windows, 318 scientists, computer engineers, and other staff work in secret on the cryptanalytic applications of high-speed computing and other classified projects. The supercomputer center was named in honor of George R. Cotter, the NSA’s now-retired chief scientist and head of its information technology program. Not that you’d know it. “There’s no sign on the door,” says the ex-NSA computer expert.

At the DOE’s unclassified center at Oak Ridge, work progressed at a furious pace, although it was a one-way street when it came to cooperation with the closemouthed people in Building 5300. Nevertheless, the unclassified team had its Cray XT4 supercomputer upgraded to a warehouse-sized XT5. Named Jaguar for its speed, it clocked in at 1.75 petaflops, officially becoming the world’s fastest computer in 2009.

Meanwhile, over in Building 5300, the NSA succeeded in building an even faster supercomputer. “They made a big breakthrough,” says another former senior intelligence official, who helped oversee the program. The NSA’s machine was likely similar to the unclassified Jaguar, but it was much faster out of the gate, modified specifically for cryptanalysis and targeted against one or more specific algorithms, like the AES. In other words, they were moving from the research and development phase to actually attacking extremely difficult encryption systems. The code-breaking effort was up and running.

The breakthrough was enormous, says the former official, and soon afterward the agency pulled the shade down tight on the project, even within the intelligence community and Congress. “Only the chairman and vice chairman and the two staff directors of each intelligence committee were told about it,” he says. The reason? “They were thinking that this computing breakthrough was going to give them the ability to crack current public encryption.”

In addition to giving the NSA access to a tremendous amount of Americans’ personal data, such an advance would also open a window on a trove of foreign secrets. While today most sensitive communications use the strongest encryption, much of the older data stored by the NSA, including a great deal of what will be transferred to Bluffdale once the center is complete, is encrypted with more vulnerable ciphers. “Remember,” says the former intelligence official, “a lot of foreign government stuff we’ve never been able to break is 128 or less. Break all that and you’ll find out a lot more of what you didn’t know—stuff we’ve already stored—so there’s an enormous amount of information still in there.”

The NSA believes it’s on the verge of breaking a key encryption algorithm—opening up hoards of data.
That, he notes, is where the value of Bluffdale, and its mountains of long-stored data, will come in. What can’t be broken today may be broken tomorrow. “Then you can see what they were saying in the past,” he says. “By extrapolating the way they did business, it gives us an indication of how they may do things now.” The danger, the former official says, is that it’s not only foreign government information that is locked in weaker algorithms, it’s also a great deal of personal domestic communications, such as Americans’ email intercepted by the NSA in the past decade.

But first the supercomputer must break the encryption, and to do that, speed is everything. The faster the computer, the faster it can break codes. The Data Encryption Standard, the 56-bit predecessor to the AES, debuted in 1976 and lasted about 25 years. The AES made its first appearance in 2001 and is expected to remain strong and durable for at least a decade. But if the NSA has secretly built a computer that is considerably faster than machines in the unclassified arena, then the agency has a chance of breaking the AES in a much shorter time. And with Bluffdale in operation, the NSA will have the luxury of storing an ever-expanding archive of intercepts until that breakthrough comes along.

But despite its progress, the agency has not finished building at Oak Ridge, nor is it satisfied with breaking the petaflop barrier. Its next goal is to reach exaflop speed, one quintillion (1018) operations a second, and eventually zettaflop (1021) and yottaflop.

These goals have considerable support in Congress. Last November a bipartisan group of 24 senators sent a letter to President Obama urging him to approve continued funding through 2013 for the Department of Energy’s exascale computing initiative (the NSA’s budget requests are classified). They cited the necessity to keep up with and surpass China and Japan. “The race is on to develop exascale computing capabilities,” the senators noted. The reason was clear: By late 2011 the Jaguar (now with a peak speed of 2.33 petaflops) ranked third behind Japan’s “K Computer,” with an impressive 10.51 petaflops, and the Chinese Tianhe-1A system, with 2.57 petaflops.

But the real competition will take place in the classified realm. To secretly develop the new exaflop (or higher) machine by 2018, the NSA has proposed constructing two connecting buildings, totaling 260,000 square feet, near its current facility on the East Campus of Oak Ridge. Called the Multiprogram Computational Data Center, the buildings will be low and wide like giant warehouses, a design necessary for the dozens of computer cabinets that will compose an exaflop-scale machine, possibly arranged in a cluster to minimize the distance between circuits. According to a presentation delivered to DOE employees in 2009, it will be an “unassuming facility with limited view from roads,” in keeping with the NSA’s desire for secrecy. And it will have an extraordinary appetite for electricity, eventually using about 200 megawatts, enough to power 200,000 homes. The computer will also produce a gargantuan amount of heat, requiring 60,000 tons of cooling equipment, the same amount that was needed to serve both of the World Trade Center towers.

In the meantime Cray is working on the next step for the NSA, funded in part by a $250 million contract with the Defense Advanced Research Projects Agency. It’s a massively parallel supercomputer called Cascade, a prototype of which is due at the end of 2012. Its development will run largely in parallel with the unclassified effort for the DOE and other partner agencies. That project, due in 2013, will upgrade the Jaguar XT5 into an XK6, codenamed Titan, upping its speed to 10 to 20 petaflops.

Yottabytes and exaflops, septillions and undecillions—the race for computing speed and data storage goes on. In his 1941 story “The Library of Babel,” Jorge Luis Borges imagined a collection of information where the entire world’s knowledge is stored but barely a single word is understood. In Bluffdale the NSA is constructing a library on a scale that even Borges might not have contemplated. And to hear the masters of the agency tell it, it’s only a matter of time until every word is illuminated.



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