Intelligence Counterintelligence

CSCE Farkas2 What is Intelligence? Information Activities Organization

CSCE Farkas3 Scope of Intelligence Government – national security – Range from peace time to war time intelligence – Type of government Domestic Intelligence – depends on nature of regime Business corporations – competitive advantage Economics and Intelligence – Government-run economy – Economic well-being of nation Non-traditions Intelligence – Environmental issues

CSCE Farkas4 Intelligence and Law Enforcement Transnational threats: – Do not originate primarily from a foreign government – Serious threats for nation’s well-being – Fall within law enforcement rather than intelligence – Examples: narcotics trafficking, international terrorism Law enforcement: waiting until a crime has been committed Intelligence: collection of convincing evidence Criminal investigation vs. criminal intelligence investigation – Punishment of a given criminal act or struggle with an organization engaged in criminal activity

CSCE Farkas5 Intelligence and Information Age Increased amount of digital data – How to collect – How to analyze Technology: dependency on computing technologies – Who is vulnerable?

Technology Homeland Security News Wire reading: – Second NSA domestic surveillance scheme revealed: data mining from nine U.S. ISPs, 0/07/2013, 7-second-nsa-domestic-surveillance-scheme-revealed- data-mining-from-nine-u-s-isps 7-second-nsa-domestic-surveillance-scheme-revealed- data-mining-from-nine-u-s-isps – Readings, PRISM and Boundless Informant: Is NSA Surveillance a Threat, front/posts/2013/06/13-prism-boundless-informant-nsa- surveillance-lempert front/posts/2013/06/13-prism-boundless-informant-nsa- surveillance-lempert CSCE Farkas6

7 Intelligence and Information Age (cont.) Globalization – Flow of information across borders – International trade – Division of labor – Increased travel – Increased penetration by news media

CSCE Farkas8 Information Specialist Policy maker Staff of policy maker Intelligence analysts

CSCE Farkas9 Domestic Intelligence Reading U.S. policymakers mull creation of domestic intelligence agency, elligence.agency/index.html, elligence.agency/index.html US Gang Intelligence Agency, D. Priest and W. Arkin, Top Secret America, A Washington Post Investigation, america/articles/monitoring-america/, america/articles/monitoring-america/ F. Langfitt, In China, Beware: A Camera May Be Watching You, NPR News, beware-a-camera-may-be-watching-you beware-a-camera-may-be-watching-you

CSCE Farkas10 Domestic Surveillance Surveillance of own citizens – Legislations – Circumstances permitting surveillance – Limits – Amount and kind of surveillance U.S.: Constitutional law – Fourth Amendment: prohibition against unreasonable searches and seizures (e.g., wiretap)

CSCE Farkas11 Criminal Standard Scope of domestic intelligence: limited by the law Mid 1970s: “…domestic intelligence investigations should be strictly limited to situations where a violation of the law has occurred or was about to occur.” (Silent Warfare)

CSCE Farkas12 Levi Guidelines Edward Hirsch Levi (June 26, 1911 – March 7, 2000) – US Attorney General – 1976: issued a set of guidelines to limit the FBI activities, e.g., must show evidence of crime before wiretaps Effects of surveillance: – Viewed as punishment – Creates a “chill” effect

Privacy Issues Privacy issues: – Surveillance vs. other law enforcement investigations that do not target specific crimes, e.g., income tax audits, custom inspections Modified Attorney General's Guideline, Electronic Privacy Information Center, CSCE Farkas13

CSCE Farkas14 Law Enforcement Wiretap Federal Government and state governments are authorized to intercept wire and electronic communications – Court order – Probable cause of criminal activity – Only relevant information Phone and room bugs, computer monitoring Organized crime monitoring (drug trafficking, terrorist activities, etc.) Legislations: – 1986: Electronic Communications Privacy Act, Title III. – 1978: Foreign Intelligence Surveillance Act (FISA) -- Title III (Wiretap Statue) regulates ordinary law enforcement surveillance

CSCE Farkas15 FISA 1978: Foreign Intelligence Surveillance Act (FISA) – Regulates government’s collection of “foreign intelligence” for the purpose of counterintelligence – Electronic eavesdropping and wiretapping – Criminal investigators cannot use it to obtain warrants that cannot be obtained with normal court Foreign Intelligence Surveillance Court

FISA : amended to physical entries in connection with “security” investigations 1998: amended to permit pen/trap orders FISA applications for search warrant: – Probable cause that the surveillance target is a foreign power or agent – Does not need to be criminal activity 2001: Patriot Act extends FISA to cover terrorism suspect and agents of foreign countries CSCE Farkas16

FISA : FISA Amendments Act –... Permits the Director of National Intelligence and the Attorney General to jointly authorize warrantless electronic surveillance – Protects telecommunications companies from lawsuits for past or future cooperation with federal law enforcement authorities … – On GovTrack, view view 2012: FISA Amendments Act Reauthorization Act CSCE Farkas17

CSCE Farkas18 Questions Would surveillance act as deterrent? Can (capabilities) government access critical information? – US citizens – Foreigners What are the technical issues – Collecting and storing data – Processing technologies

Questions Name an application/use of technology that represent new privacy risk? – Social networking – Twitter – … Do we have counter technology? CSCE Farkas19

Means of Intelligence Data collection

CSCE Farkas21 Means of Intelligence: Electromagnetic signals Waves propagating through some medium – Air, water, copper wires, fiber optics, etc. – Frequencies (Hz): wave cycles per second – Bandwidth: difference between the lowest and highest frequencies Electricity, radio spectrum, infrared, (visible) light, x-ray, etc. Advantages/disadvantages – Low frequency: hard to jam – High frequency: larger bandwidth

CSCE Farkas22 Means of Intelligence: Signal Intelligence (SIGINT) Operations that involves – Interception – Analysis of signals across electromagnetic spectrum. Intelligence report, criminal investigations, employee monitoring Digital signal processing – Communication intelligence (COMINT) – Electronic intelligence (ELINT) – Imagery intelligence (IMINT)

CSCE Farkas23 Means of Intelligence: Eavesdropping Sender Snooper Recipient Insecure channel Confidential Tools: microphone receivers, Tape recorder, phone “bugs”, scanners, Radio receivers, satellite receivers, spy satellites, Network sniffing, etc.

CSCE Farkas24 Means of Intelligence: Passive Attack Access to confidential data and traffic pattern Privacy rights U.S. federal wiretap law – Illegal for an individual to eavesdrop intentionally on wire, oral or electronic communications – Home usage? Bug your phone? Hidden recorders? – Company monitoring? Computer vs. telephone? Eavesdropping device : manufacture, sale, possess, advertise – Legal/illegal? – The Spy Factory

CSCE Farkas25 Means of Intelligence: Telephone Wiretap Physical access Gain: – Sensitive data (e.g., organizational secret, private information, etc.) – Disallowed information (e.g., law enforcement communications) Federal wiretap restrictions Individuals and organized crime wiretap Cellular scanners – Cellular phone calls – 1994 – illegal in USA (import, manufacture, sale) – Homemade scanners? Pager Intercept

CSCE Farkas26 Message Deciphers Available encryption technology Cryptanalysis – Technology – Brute force attack Other means – Spy, social engineering, eavesdropping, keystroke monitoring, hacking, etc. Release information  give our capabilities – National defense, tactical, ethical, etc.?

Interesting Read R. Paul, Security experts: NIST encryption standard may have NSA backdoor, Arstechnica11/17, 2007, nist-encryption-standard-may-have-nsa-backdoor/ nist-encryption-standard-may-have-nsa-backdoor/ K. Zetter, How a Crypto ‘Backdoor’ Pitted the Tech World Against the NSA, Wired, 09/24/2013, backdoor/all/ backdoor/all/ Echelon, Wikipedia, CSCE Farkas27

CSCE Farkas28 Counterintelligence National Security Nature of regime Law

CSCE Farkas29 Goal of Counterintelligence National Security – Kinds of threats – Information to be collected – Purpose served – Legislation Democracy

CSCE Farkas30 Counterintelligence Foreign intelligence guidelines: classified – Investigation of: Illegal activities: detecting and preventing foreign espionage and terrorist activities Legal activities: foreign legal political activities like fund-raising, organizational work, etc. Domestic intelligence guidelines (“Levi Guidelines”): public – Investigation of groups that hostile to government policies and fundamental principles seeks to deprive some class of people has violent approach to political change

Next Class Data Collection and Analysis Current research Preparation for discussions 1. Find 1-2 relevant articles 2. Additional reading is posted on class’ website CSCE Farkas31