Educause Security Discussion mailing list archives

Re: Reactions to reported NSA PRISM program


From: Tim Doty <tdoty () MST EDU>
Date: Fri, 7 Jun 2013 08:28:04 -0500

On 06/07/2013 08:02 AM, Kevin Halgren wrote:
For those of you already using Google or Microsoft cloud e-mail
solutions, I'll be curious to hear the reactions on your campuses to
this news.

I believe the tech companies are telling the truth when they say they
don't provide direct backdoor access into their systems and that the
PRISM presentation may overstate the cooperation and capabilities of the
system, however that doesn't preclude the government from abusing
existing systems and capabilities e.g. those under CALEA lawful
intercept capabilities.

My reading of the statements is they carefully skirt ever stating that they aren't participating in PRISM -- in effect what they say is that they only provide information pursuant to legal requests. The arrangement outlined by PRISM would, AFAICT, be currently interpreted as legal no matter how abhorrent one might find it.

James Clapper (Director of National Intelligence) confirms the program's existence, only differing on the accuracy of unspecified details.

If you provide a narrow interpretation, such as "direct backdoor", then sure it is likely to not be technically accurate. But there appears to be sufficient evidence to support assertions that they have query access to the data sets in question only constrained by unspecified keywords that may, or may not, limit a query to foreigners. And a policy to move out from the target by two degrees which is likely to result in collection on US citizens.

In "the good old days" an investigation had to get approval to collect data on contacts made by the target (excepting only a very limited scope of data collection and actions such as would permit such a request). That policy applied to physical investigations -- apparently digital is somehow different.

Tim Doty

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