Senate Intelligence Committee Passes Bill That Codifies, Expands NSA Powers

Senate Intelligence Committee Passes Bill That Codifies, Expands NSA Powers
By Matt Sledge
Oct 31 2013

Just days after expressing outrage over reports of widespread surveillance of foreign leaders by the National Security Agency, Sen. Dianne Feinstein (D-Calif.) pushed through the Senate Intelligence Committee on an 11-4 vote a bill that enshrines the bulk collection of Americans’ phone call records into law, and expands the agency’s authority to track foreign nationals who enter the United States.

The bill, passed on Thursday, is meant to respond to the revelations of leaker Edward Snowden. But critics immediately charged that it does little more than offer a fig leaf for the NSA’s controversial surveillance operations.

“The NSA call-records program is legal and subject to extensive congressional and judicial oversight, and I believe it contributes to our national security,” Feinstein said in a statement. “This committee has conducted considerable oversight of FISA programs, both before and after recent leaks, and I believe the reforms in this bill are prudent, responsible and meaningful.”

But Sen. Mark Udall, a frequent critic of the NSA, said in a statement that the bill fell far short of “real reform.”

Feinstein’s bill effectively transforms into law the NSA’s internal policies for the bulk collection of data on who Americans call, when, and for how long. The bill would codify already-existing limits on the use of that database, and expand reporting requirements.

The bill does add some new checks on the NSA’s powers: It would expand criminal penalties for the misuse of intelligence capabilities. The Foreign Intelligence Surveillance Court, which oversees many of the NSA’s programs, would also be empowered to appoint a friend-of-the-court lawyer to weigh in when a case presented a “a novel or significant interpretation of the law.”

One provision of the bill expands the agency’s power, allowing it to continue target the cellphones of “roamers,” or foreigners who enter the United States, for up to 72 hours. Such surveillance technically requires a warrant, but an internal audit leaked by Snowden found the agency often disregarded this requirement.

On Monday Feinstein said in a statement that she was “totally opposed” to the reported spying on the leaders of American allies. The collection of Americans’ phone call “metadata,” however, she has defended as an important tool in preventing terrorism.

In his statement, Udall disagreed.


Wheeler FCC Ready To Roll on Monday

Wheeler FCC Ready To Roll on Monday
By Doug Halonen
Oct 31 2013

Former cable and wireless phone lobbyist Tom Wheeler plans to step in officially as the FCC’s new chairman next Monday (Nov. 4), moving quickly to take command of the agency in the wake of his Senate confirmation, an FCC official said Wednesday.

The FCC source also said Wheeler and Acting Chairwoman Mignon Clyburn spoke last night to discuss how best to orchestrate the changing of  the guard. “They both talked about the importance of a smooth transition,” the source said.


IETF sets out to PRISM-proof the Net

[Note:  This item comes from Dave Farber’s IP List.  DLH]

From: Richard Forno <>
Subject: IETF sets out to PRISM-proof the Net
Date: October 31, 2013 at 8:48:34 AM EDT
To: Infowarrior List <>
Cc: Dave Farber <>

In response to NSA revelations, the internet’s engineers set out to PRISM-proof the net

Published on : 26 October 2013 – 12:25pm | By Julie Blussé (CC)


Greatly disturbed by the recent revelations of mass internet surveillance, the Internet Engineering Task Force (IETF) have announced plans to ramp up online security. You may never have heard of them, but the IETF are the creators and engineers of the internet’s architecture. Is there a technical solution to the problem of mass surveillance?

For the IETF, Edward Snowden’s revelations were “a wake-up call,” said Jari Arkko, the task force’s chair. Arkko spoke at this week’s UN-initiated Internet Governance Forum in Bali, Indonesia. Surprised by the scale and tactics of surveillance, Arkko stated the engineers are “looking at technical changes that will raise the bar for monitoring.”

“Perhaps the notion that internet is by default insecure needs to change,” he said. The IETF’s will is there, and Arkko believes significant technical fixes  “just might be possible.”

Technical, not political

The engineers of the IETF keep a low profile, but they have been crucial to creating and setting the standards on which the internet was built, ever since its birth in 1969. They have developed email, instant messaging, and many protocols that hide behind acronyms that sound familiar yet mysterious to most Internet users, like HTTP and TCP/IP.

As the internet evolved from an academic project into a global network, the role governments and companies played in how it functions grew dramatically. But the IETF maintained its well-respected role, thanks in part to its fervently apolitical stance and focus on technical issues.

That focus remains in the current plans to make the internet more resistant to mass surveillance, Arkko emphasised in an interview with RNW: “This is a technical, not a political decision.” 

In his speech, Arkko chose his words carefully as he addressed an audience comprising representatives from governments that perpetrate the same mass-surveillance he hopes to curtail.

“I do not think we should react to specific cases,” Arkko stated during the forum’s opening sessions. “But our commerce, business and personal communications are all depending on the internet technology being secure and trusted.”

More, new and better security

Ideas about how the internet might be secured against mass surveillance are currently discussed over the IETF’s publicly accessible mailing lists, to which anyone can subscribe and contribute. While nothing is set in stone yet, Arkko sketched out a few of the IETF’s ideas in his public address.

Firstly, the IETF wants to eventually apply encryption to all web traffic.

“Today, security only gets switched on for certain services like banking,” Arkko explained, referring to IETF-developed standards like SSL – the little lock that appears in the upper left corner of your browser to secure online purchases. “If we work hard, we can make [the entire internet] secure by default.” To this end, the IETF might make encryption mandatory for HTTP 2.0, a new version of the basic web protocol.

Secondly, the IETF plans to remove weak algorithms and strengthen existing algorithms behind encryption. This means that the US National Security Agency and other surveillors will find it harder to crack current forms of encryption.

In other words: the IETF proposes putting locks in more places and making existing locks harder to pick. If the protocols are applied, intercepting the traffic between any two points on the internet— the sender and receiver of an email, the visitor and owner of a website, the buyer and seller of a product—will be close to impossible.

Starting November 3, the IETF will hold a week of meetings in Vancouver, Canada to concretise the online security plans in person.

Raising the bar for surveillance

The IETF is confident that their plans will make a difference, but what do other experts on the internet’s technical infrastructure think?

Axl Pavlik, managing director of the Europe’s Internet Registry (RIPE NCC), is guardedly optimistic. 

“It wouldn’t stop the problem, but it would make the effort [of surveillance] more expensive.”

Pavlik likens the plans to a successful countermove in an indefinite arms race between internet users and snoopers.

“You and I have limited resources, and the surveillor has limited resources –maybe more than we have – but if millions of users of the internet raise the bar a little bit, the requirements to surveil every little bit of internet traffic would be much higher,” he explained to RNW.

The IETF’s plans also benefit people who are already encrypting their online activities themselves, argued Marco Hogewoning, technical adviser to RIPE NCC. According to him, these people currently stick out like a sore thumb to the very surveillors they hope to evade.

“If you see an armoured car now on the street, you know there must be something valuable inside,” Hogewoning explained. “If everybody drives around in an armoured car, I can go around and put a lot of effort into breaking into each and every car, and hope I get lucky and find something valuable inside, but it might be empty. If everybody encrypts everything, all you can see is armoured cars.”

Take it or leave it

Yet while the IETF can propose standards and protocols, it has no power to enforce their adoption. The onus to adopt the standards lies with the software developers who make browsers and web servers, as well as website owners, and everyday internet users who need to heed browser updates.

“It’s a great initiative,” said Gillo Cutrupi, a digital security trainer at Tactical Tech. “But it if it’s not adopted, it’s just a piece of paper.”

A standard like HTTPS, for instance, can already be applied by every website to improve security. Cutrupi explains that many websites unfortunately still make use of unsafe options.

Such options might be popular because they are easier to use. Some websites don’t care for security, and ignore the standard; Yahoo Mail will only make HTTPS encryption the default setting starting January 2014.

Yet Arkko, the IETF chair, doesn’t see universal adoption as a big hurdle. “I have no worry about that,” he said. “Our standards are very widely applied.”

He stressed that in addition to increased security, newer standards offer multiple advantages.

“HTTP 2.0 has many other improvements.” In one example, he pointed out that “for the users, websites would load faster.”

These improvements would no doubt serve as an incentive for websites to implement the new protocol.

The end point of trust

Yet one major caveat remains. While the IETF might be able to secure the pipes through which users’ data travel, users must also be able to trust the parties where their data is stored: software, hardware and services such as Cisco, Gmail and Facebook. These parties can hand over user data directly to government agencies.

Arkko stressed the limitations of what the internet’s engineers can do. “We are trying to do as much as we can,” he explained, “which will help situations where there’s someone in the network monitoring you. It will not help situations where someone has direct access to your email provider.”

Axl Pavlik identifies the problem of trust at another level altogether

“In the end, it’s down to public policy, governments, secret services. And maybe the secret court orders to release a key [which] we will never know about. That shatters the trust of the internet as we know it. That’s the very bad situation that we need to get out of.”

Nobody really turned them off, anyway …

[Note:  This item comes from reader Randall Head.  DLH]

From: Randall Webmail <>
Subject: Nobody really turned them off, anyway …
Date: October 31, 2013 at 7:38:49 AM PDT
To: Dewayne Hendricks <>,

WASHINGTON (Reuters) – The U.S. Federal Aviation Administration (FAA) said on Thursday it will allow airlines to expand the use of portable electronic devices in flight.
The agency said it is immediately providing airlines with guidance for implementation, the time frame for which is expected to vary among carriers.
“Passengers will eventually be able to read e-books, play games, and watch videos on their devices during all phases of flight, with very limited exceptions,” the FAA said.
The move would still prevent use of mobile phones for voice communications on flight. That issue is under the jurisdiction of the Federal Communications Commission.
(Reporting by Ros Krasny and Karen Jacobs; Editing by Gerald E. McCormick)


F.D.A. Finds 12% of U.S. Spice Imports Contaminated

F.D.A. Finds 12% of U.S. Spice Imports Contaminated
Oct 30 2013

NEW DELHI — About 12 percent of spices brought to the United States are contaminated with insect parts, whole insects, rodent hairs and other things, according to an analysis of spice imports by federal food authorities.

The finding released on Wednesday by the Food and Drug Administration is part of a comprehensive look at the safety of spice imports that has been years in the making. The federal authorities also found that nearly 7 percent of spice imports examined by federal inspectors were contaminated with salmonella, a toxic bacteria that can cause severe illness in humans.

The shares of imported spices contaminated with insect parts and salmonella were twice those found in other types of imported food, federal food officials said.

The agency’s findings “are a wake-up call” to spice producers, said Jane M. Van Doren, a food and spice official at the F.D.A. “It means: ‘Hey, you haven’t solved the problems.’ ”

The agency called spice contamination “a systemic challenge” and said most of the insects found in spices were the kinds that thrive in warehouses and other storage facilities, suggesting that the industry’s problems result not from poor harvesting practices but poor storage and processing.

John Hallagan, a spokesman for the American Spice Trade Association, said Wednesday that he had not seen the report, so he could not comment on it. But spice manufacturers have argued in the past that food manufacturers often treat imported spices before marketing them, so F.D.A. findings of contamination levels in its import screening program do not mean that spices sold to consumers are dangerous.

F.D.A. inspectors have found that some spices that claim to have been treated are contaminated nonetheless. And the high levels of filth from insects and rodents is a problem that is not easily resolved because, unlike with salmonella contamination, simply cooking or heating the spices will not rid the products of the problem. Insects can also be a source of salmonella contamination.

What share of the nearly 1.2 million annual salmonella illnesses in the United States result from contaminated spices is unclear, officials said. Fewer than 2,000 people had their illnesses definitively tied to contaminated spices from 1973 to 2010, and most people eat spices in small quantities. But people often fail to remember eating spices when asked what foods might have sickened them, so problems related to spices could be seriously underreported, officials said.

Recent legislation in the United States grants the F.D.A. the power to refuse entry of foods that the agency even suspects might be contaminated — strong leverage to demand changes in harvesting, handling and manufacturing practices in foreign countries.


Man buys $27 of bitcoin, forgets about them, finds they’re now worth $886k

Man buys $27 of bitcoin, forgets about them, finds they’re now worth $886k
Bought in 2009, currency’s rise in value saw small investment turn into enough to buy an apartment in a wealthy area of Oslo
By Samuel Gibbs
Oct 29 2013

The meteoric rise in bitcoin has meant that within the space of four years, one Norwegian man’s $27 investment turned into a forgotten $886,000 windfall.

Kristoffer Koch invested 150 kroner ($26.60) in 5,000 bitcoins in 2009, after discovering them during the course of writing a thesis on encryption. He promptly forgot about them until widespread media coverage of the anonymous, decentralised, peer-to-peer digital currency in April 2013 jogged his memory.

Bitcoins are stored in encrypted wallets secured with a private key, something Koch had forgotten. After eventually working out what the password could be, Koch got a pleasant surprise: 

“It said I had 5,000 bitcoins in there. Measuring that in today’s rates it’s about NOK5m ($886,000),” Koch told NRK.

Silk Road fluctuations

In April 2013, the value of bitcoin peaked at $266 before crashing to a low of $50 soon after. Since then, bitcoin has seen large fluctuations in its value, most recently following the seizure of online drugs marketplace Silk Road, plummeting before jumping $30 in one day to a high of $197 in October.

Koch exchanged one fifth of his 5,000 bitcoins, generating enough kroner to buy an apartment in Toyen, one of the Norwegian capital’s wealthier areas.

Two ways to acquire bitcoins

Typically bitcoins are bought using traditional currency from a bitcoin “exchanger”, although due to strict anti-money laundering controls, the process can can be tricky. A user can then withdraw those bitcoins by sending them back to an exchanger like Mt Gox, the best known bitcoin exchange, in return for cash.

However, bitcoin is gaining more and more traction within the physical world too. It is now possible to actually spend bitcoins without exchanging them for traditional currency first in a few British pubs, including the Pembury Tavern in Hackney, London, for instance. On 29 October, theworld’s first bitcoin ATM also went online in Vancouver, Canada, which scans a user’s palm before letting them buy or sell bitcoins for cash. 


Google’s worst-kept secret: floating data centers off US coasts

Google’s worst-kept secret: floating data centers off US coasts
Tech giant has stayed silent on the structures, though experts say barges likely data centers for which Google has a patent
By Rory Carroll in Los Angeles
Oct 30 2013

They sit on barges, sprout electronic gizmos, tower several storeys high and are fast becoming Google’s worst-kept secret.

The internet giant appears to be constructing floating data centres off the coasts of California and Maine behind layers of elaborate security.

Google has said nothing but the hulking structures, built out of shipping containers and shielded by scaffolding, stirred intense sleuthing and speculation on Wednesday.

Contractors working on the structures in the San Francisco bay and Portland harbour are subject to omerta, and US government officials familiar with the projects have signed confidentiality agreements.

Technology and security experts said they were probably floating data centres – for which Google was granted a patent in 2009. The Mountain View-based company is known for Kremlin-type secrecy during product development,

On barges the facilities would have access to abundant water, a requirement to cool large numbers of servers, Joel Egan, the principal at Cargotecture, which designs custom cargo container buildings, told CNET, whose investigation triggered this week’s media scrutiny.

“The cutouts in the long walls of the containers, when they line up, they make hallways,” said Egan. “You could put all sorts of mainframes into the containers … It doesn’t have enough windows for an office building.”

The San Francisco TV station KPIX suggested the purpose was to be a floating retail store for Google’s “Glass” wearable computer device, but few bought that theory.

The barges are 250 feet long, 72 feet wide, 16 feet deep and sport tall white spires that could be masts, flagpoles or antennas. They were built in 2011 in Belle Chasse, Louisiana, by C & C Marine and Repair, and are reportedly owned by By and Large LCC, a company with apparent ties to Google.

They recently appeared off Treasure Island, a former military base in San Francisco bay, and Portland harbour. Chain-link fences and security guards block access.

At least one Coast Guard employee was obliged to sign a non-disclosure agreement with Google, Barry Bena, a US coast guard spokesman, told Reuters.

Another person who would only identify himself as an inspector for a California government agency had to do the same because he was present during early construction work on Treasure Island’s hangar-like Building 3. He also had to surrender his mobile phone.

Bob Jessup, a construction company superintendent who works nearby, said Google spent the past year working on the project, fencing off a wide area and employing at least 40 welders a day, who worked around the clock without saying a word.


Google and Yahoo furious at reports NSA secretly taps data centres

Google and Yahoo furious at reports NSA secretly taps data centres
Files obtained from Edward Snowden suggest NSA can collect information sent by fibre optic cable between Google and Yahoo data hubs ‘at will’
By Dominic Rushe, Spencer Ackerman and James Ball
Oct 30 2013

Google and Yahoo, two of the world’s biggest tech companies, reacted angrily to a report on Wednesday that the National Security Agency has secretly intercepted the main communication links that carry their users’ data around the world.

Citing documents obtained from former NSA contractor Edward Snowden and interviews with officials, the Washington Post claimed the agency could collect information “at will” from among hundreds of millions of user accounts.

The documents suggest that the NSA, in partnership with its British counterpart GCHQ, is copying large amounts of data as it flows across fiber-optic cables that carry information between the worldwide data centers of the Silicon Valley giants. The intelligence activities of the NSA outside the US are subject to fewer legal constraints than its domestic actions.

The story is likely to put further strain on the already difficult relations between the tech firms and Washington. The internet giants are furious about the damage done to their reputation in the wake of Snowden’s revelations.

In a statement, Google’s chief legal officer, David Drummond, said the company was “outraged” by the latest revelations.

“We have long been concerned about the possibility of this kind of snooping, which is why we have continued to extend encryption across more and more Google services and links, especially the links in the slide,” he said.

“We do not provide any government, including the US government, with access to our systems. We are outraged at the lengths to which the government seems to have gone to intercept data from our private fiber networks, and it underscores the need for urgent reform.”

Yahoo said: “We have strict controls in place to protect the security of our data centers, and we have not given access to our data centers to the NSA or to any other government agency.”

According to a top-secret document cited by the Post dated 9 January 2013, millions of records a day are sent from Yahoo and Google internal networks to NSA data warehouses at the agency’s headquarters in Fort Meade, Maryland. The types of information sent ranged from “metadata”, indicating who sent or received emails, the subject line and where and when, to content such as text, audio and video.

The Post’s documents state that in the preceding 30 days, field collectors had processed and sent on 181,280,466 new records.

Internet firms go to great lengths to protect their data. But the NSA documents published by the Post appear to boast about their ability to circumvent those protections. In one presentation slide on “Google Cloud Exploitation,” published by the Post, an artist has added a smiley face, in apparent celebration of the NSA’s victory over Google security systems.

The Post said that the interception took place on the cables that connect the internet giants’ data centers. The New York Times reported on Wednesday evening that one of the companies that provides such cables for Google was Level 3. It said in a statement provided to the Times: “We comply with the laws in each country where we operate. In general, governments that seek assistance in law enforcement or security investigations prohibit disclosure of the assistance provided.”

In its report, the Post suggested the intercept project was codenamed Muscular, but the Guardian understands from other documents provided by Snowden that the term instead refers to the system that enables the initial processing of information gathered from NSA or GCHQ cable taps.

The data outputted from Muscular is then forwarded to NSA or GCHQ databases, or systems such as the XKeyscore search tool, previously reported by the Guardian.

The Post said that by collecting the data overseas, the NSA was able to circumvent the legal restrictions that prevent it from accessing the communications of people who live in the United States, and that it fell instead under an executive order, signed by the president, that authorised foreign intelligence operations.


Silent Circle and Lavabit launch “DarkMail Alliance” to thwart e-mail spying

Silent Circle and Lavabit launch “DarkMail Alliance” to thwart e-mail spying
Silent Circle CTO: “What we’re getting rid of is SMTP.”
By Cyrus Farivar
Oct 30 2013

MOUNTAIN VIEW, CA—At the Inbox Love conference, held at Microsoft’s Silicon Valley campus, the founders of Lavabit and Silent Circle announced on Wednesday that they want to change the world of e-mail completely, putting privacy and security at its core.

The two companies have banded together to create theDarkMail Alliance, a soon-to-be-formed non-profit organization that would be in charge of maintaining and organizing the open-source code for its new e-mail protocol. The new protocol will be based on Extensible Messaging and Presence Protocol, or XMPP, and is set to be released in mid-2014. They’re ditching the old e-mail protocol, SMTP.

“This is just another transport—what we’re getting rid of is SMTP,” or Simple Mail Transfer Protocol, which is used for almost every bit of e-mail on the Internet. Jon Callas, the CTO at Silent Circle, told Ars, “We like to laugh at it but there are reasons why it was a good system. We’re replacing the transport with a new transport—e-mail was designed 40 years ago when everybody on the Internet knew each other and were friends.”

The organizers say that DarkMail will be available as an add-on, or an option to existing e-mail providers—so Gmail could use it if Google chose to participate. The service is meant to incorporate a lot of high-end security features in a way that’s not noticeable to regular users, like end-to-end encryption and perfect forward secrecy. The organizers have not released any technical details as of yet, but they promised that their setup would be open-source.

“You start out with security, and for those who need security dialed down, you dial it down,” Callas told the conference, saying that his company’s existing Silent Circle Instant Messaging Protocol (PDF) was a rough “alpha” of the new DarkMail protocol.

“E-mail has no security, and you’re forced to dial it up, and you can only dial it up to a certain point. We want it to be flexible and we want it to be able to be the sort of thing that you can use in high security environments. … The default is that everything is end-to-end secure. This is because we’ve known, and [Lavabit founder Ladar Levison] has shown quite dramatically, that if you’re holding the information, it can be requested of you.”

Levison added that he wanted DarkMail to be “easy enough that Grandma can use it. Our hope is that someday in the near future that anybody who uses e-mail today can use a DarkMail client.”

Although Levison shut down his secure e-mail company, Lavabit, in the wake of the Edward Snowden case, he said that the “next best thing is 100 Lavabit-like services.”

Levison told Ars that he will soon launch—possibly as soon as Tuesday—a Kickstarter campaign that will act as a fundraiser for the DarkMail Alliance to open-source Lavabit’s code “with support for DarkMail built-in.” The first 32 companies to donate $10,000 will get a pre-release 60 days before the public gets it so that those companies can integrate it into their systems first.


NSA infiltrates links to Yahoo, Google data centers worldwide, Snowden documents say

NSA infiltrates links to Yahoo, Google data centers worldwide, Snowden documents say
By Barton Gellman and Ashkan Soltani
Oct 30 2013

The National Security Agency has secretly broken into the main communications links that connect Yahoo and Google data centers around the world, according to documents obtained from former NSA contractor Edward Snowden and interviews with knowledgeable officials.

By tapping those links, the agency has positioned itself to collect at will from among hundreds of millions of user accounts, many of them belonging to Americans. The NSA does not keep everything it collects, but it keeps a lot.

According to a top secret accounting dated Jan. 9, 2013, NSA’s acquisitions directorate sends millions of records every day from Yahoo and Google internal networks to data warehouses at the agency’s Fort Meade headquarters. In the preceding 30 days, the report said, field collectors had processed and sent back 181,280,466 new records — ranging from “metadata,” which would indicate who sent or received e-mails and when, to content such as text, audio and video.

The NSA’s principal tool to exploit the data links is a project calledMUSCULAR, operated jointly with the agency’s British counterpart, GCHQ. From undisclosed interception points, the NSA and GCHQ are copying entire data flows across fiber-optic cables that carry information between the data centers of the Silicon Valley giants.

The infiltration is especially striking because the NSA, under a separate program known as PRISM, has front-door access to Google and Yahoo user accounts through a court-approved process.

The MUSCULAR project appears to be an unusually aggressive use of NSA tradecraft against flagship American companies. The agency is built for high-tech spying, with a wide range of digital tools, but it has not been known to use them routinely against U.S. companies.

White House officials and the Office of the Director of National Intelligence, which oversees the NSA, declined to confirm, deny or explain why the agency infiltrates Google and Yahoo networks overseas.

In a statement, Google said it was “troubled by allegations of the government intercepting traffic between our data centers, and we are not aware of this activity.”

“We have long been concerned about the possibility of this kind of snooping, which is why we continue to extend encryption across more and more Google services and links,” the company said.

At Yahoo, a spokeswoman said: “We have strict controls in place to protect the security of our data centers, and we have not given access to our data centers to the NSA or to any other government agency.”

Under PRISM, the NSA already gathers huge volumes of online communications records by legally compelling U.S. technology companies, including Yahoo and Google, to turn over any data matching court-approved search terms. That program, which was first disclosed by The Washington Post and the Guardian newspaper, is authorized under Section 702 of the Foreign Intelligence Surveillance Act and overseen by the Foreign Intelligence Surveillance Court.

Intercepting communications overseas has clear advantages for the NSA, with looser restrictions and less oversight. NSA documents about the effort refer directly to “full take,” “bulk access” and “high volume” operations on Yahoo and Google networks. Such large-scale collection of Internet content would be illegal in the United States, but the operations take place overseas, where the NSA is allowed to presume that anyone using a foreign data link is a foreigner.