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Context of 'April 6-8, 2006: AT&T Demands Whistleblower Return ‘Confidential’ Documents, Maintain Public Silence'

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As soon as he hears the news of his son’s capture in Afghanistan, John Walker Lindh’s father immediately hires James Brosnahan, a well-respected lawyer, on behalf of his son. On December 3, Brosnahan faxes a letter to Secretary of State Colin Powell, Attorney General John Ashcroft, Defense Secretary Donald Rumsfeld, and CIA Director George Tenet. He introduces himself as Lindh’s lawyer, expresses his wish to see him, and states: “Because [Lindh] is wounded and, based upon press reports, went for three days without food, I would ask that any further interrogation be stopped, especially if there is any intent to use it in any subsequent legal proceedings.” When Brosnahan receives no reply, he writes again, “I would ask that no further interrogation of my client occur until I have the opportunity to speak with him. As an American citizen, he has the right to counsel and, under all applicable legal authorities, I ask for the right to speak with my client as soon as possible.” On December 5, still having received no reply, he urges that “we have a conversation today.” Again, no reply comes. [Los Angeles Times, 3/23/2002; World Socialist Web Site, 3/27/2002; New Yorker, 3/3/2003]

Entity Tags: John Walker Lindh, George J. Tenet, Donald Rumsfeld, Colin Powell, John Ashcroft, James Brosnahan

Timeline Tags: Torture of US Captives, War in Afghanistan

Senior AT&T technician Mark Klein (see July 7, 2009), who is considering “blowing the whistle” on the National Security Agency’s secret data-mining operation being conducted with the complicity and participation of AT&T (see January 16, 2004), is troubleshooting a problem of “signal loss” caused by AT&T’s signals being routed through the NSA’s “splitter cabinet,” which “splits” part of the optical data flow from its normal route into the NSA’s computers, enabling the agency to monitor all of the Internet traffic going through Klein’s Folsom Street, San Francisco, facility (see October 2003). Klein learns from a fellow technician that AT&T is “getting the same problem in the other offices where splitters are going in.” Klein is stunned to learn that other AT&T facilities have NSA splitters. He learns from the other technician that the “other offices” are in, among other places, Atlanta, San Diego, San Jose, and Seattle. (Apparently neither Klein nor the other technician are aware of the NSA splitter at the central AT&T facility in Bridgeton, Missouri—see Late 2002-Early 2003). Klein will later write, “This thing was getting bigger and bigger.” Klein determines that the NSA splitter is causing the signal loss: “The company was degrading the signal quality of its network for the sake of the NSA.”
Visiting the Secret Room - Klein accompanies an AT&T field support specialist named Rick into the NSA’s “secret room” at the Folsom Street building, with the intention of repairing the splitter problem. Rick is one of the few AT&T technicians authorized to work in the room; he invites Klein to join him and Klein agrees. Klein watches Rick punch the entry code into the lock of Room 641A and follows him inside. Klein observes a large amount of hardware, most installed in what he will later call “standard cabinets used by the telecommunications industry,” along with a computer workstation and a set of storage lockers. Klein later says he spends no more than two minutes inside the secret room. He will recall: “[I]f I didn’t know that the NSA was involved, it would look like any other work space where telecom people work, with rows of cabinets with equipment inside them, humming.… [T]he odd thing about the whole room, of course, was that I couldn’t normally get in there, nor could any of the other union technicians. Only this one guy who had clearance from the NSA could get in there, so that changed the whole context of what this is about.” Shortly thereafter, Rick tells Klein and a group of employees that he has keys allowing him access to the other NSA secret rooms in AT&T’s offices in San Diego, San Jose, and Seattle. [PBS Frontline, 5/15/2007; Klein, 2009, pp. 42-44]

Entity Tags: AT&T, “Rick” (AT&T field support specialist), Mark Klein, National Security Agency

Timeline Tags: Civil Liberties

Retired AT&T technician Mark Klein (see July 7, 2009 and May 2004) is gladdened to see the New York Times’s reports on the Bush administration’s warrantless wiretapping program (see December 15, 2005 and December 24, 2005). Klein has known since 2002 that the National Security Agency (NSA) has been using AT&T facilities to illegally eavesdrop on American citizens’ telephone and Internet communications (see Late 2002, January 2003, October 2003, Fall 2003, Late 2003, Late 2003, and January 16, 2004). He has considered going public with his knowledge, but has so far refrained because, he will later explain, “[t]he atmosphere was still kind of scary.” He will later say of the Times report, “They seemed to be talking mainly about phone calls, but anyway, it was revealed that there was an illegal spying program going on, and I thought, ‘Ah, this would probably blow the whole thing,’ and I thought it would all come out, and I don’t need to do anything.” However, Klein is horrified to see the government’s response. He will say: “[W]hat came out was the government turned around and went on the offensive against anybody who would dare to criticize them.… They’re issuing threats: Anyone who has a security clearance and spills any beans here is in for prosecution. That was deliberately said by them several times on TV to intimidate anybody in, say, the NSA who knew the truth, intimidate them so they would not come forward. So that silenced anybody in the intelligence community” (see December 17, 2005, December 19, 2005, December 21, 2005, December 30, 2005, and January 25-26, 2006). In his 2009 book Wiring Up the Big Brother Machine… and Fighting It, Klein will write that the Justice Department’s December 2005 investigation into the leak of classified information that led to the Times reports (see December 30, 2005) “was obviously intended to silence Congress, the media, and any potential whistleblowers inside the NSA who might have been tempted to come forward. The administration was manipulating the secrecy oath which people had taken to get security clearances, turning it into a weapon to silence anyone who had knowledge of wrongdoing.” Klein decides that he must come forward. He never received a security clearance, so he cannot be threatened with legal action over violating such clearance. He will explain: “All I had and still have are some company documents and some knowledge of some illicit NSA installation at AT&T’s network. And if anybody—say, Congress—was willing to follow the trail, I can give them all the names they want, and they can go up the hierarchy of AT&T all the way up to Dave Dorman, who was the president back then, and they can go even higher, and they can find out who is responsible for this, and they can ask them under oath and subpoena what the heck is going on here, if they had the will to do it.” Klein later admits to some hesitation and trepidation at undertaking such an effort, and will cite the “McCarthyite” atmosphere he says the government has created in which “dissidents become the target of a lynch mob searching for ‘terrorists.’” But, he will write, he believes the Times stories are “a political indication of a shift at the top of government, a split of some kind which could provide an opening.… Maybe they would publish my material, I thought, and that would provide some protection.” By December 31, Klein writes a preface to his memo from almost two years before (see January 16, 2004 and December 31, 2005). [PBS Frontline, 5/15/2007; Klein, 2009, pp. 52-53]

Entity Tags: New York Times, AT&T, Bush administration (43), National Security Agency, US Department of Justice, Mark Klein

Timeline Tags: Civil Liberties

Retired AT&T technician Mark Klein (see July 7, 2009 and May 2004), angered by the Bush administration’s counterattack against government and media members who have helped to expose its warrantless wiretapping operation (see December 15-31, 2005), decides to go public with a memo he wrote about his own knowledge of the collusion between AT&T and the National Security Agency (NSA) in eavesdropping on American citizens’ communications (see January 16, 2004). He updates the memo with a brief preface, selects eight pages of the 121 pages of AT&T documentation he possesses which he believes gives a good overview of the NSA’s surveillance equipment installation, and includes the two photographs he has taken of the NSA’s “secret room” at the AT&T facility in San Francisco and the Internet research he has done on the Narus STA 6400 equipment the NSA is using to sort the communications being captured and recorded (see Late 2003). Instead of entrusting his newly refurbished memo to the Internet, he uses the PGP (Pretty Good Privacy) security protocol for anticipated dissemination, burns the data onto a CD, and begins searching online for civil liberties groups that might be interested in his work. [Wired News, 5/17/2006; Klein, 2009, pp. 53-55]

Entity Tags: AT&T, National Security Agency, Mark Klein

Timeline Tags: Civil Liberties

Electronic Frontier Foundation logo.Electronic Frontier Foundation logo. [Source: Flickr.com]The Electronic Frontier Foundation (EFF), a civil liberties and privacy-advocacy organization, files a lawsuit against telecommunications giant AT&T for allegedly violating the law and the privacy of its citizens by cooperating with the National Security Agency in the NSA’s construction of what the EFF calls a “massive, illegal program to wiretap and data-mine Americans’ communications.” EFF lawyer Kevin Bankston says: “Our goal is to go after the people who are making the government’s illegal surveillance possible. They could not do what they are doing without the help of companies like AT&T. We want to make it clear to AT&T that it is not in their legal or economic interests to violate the law whenever the president asks them to.”
Unprecedented Access to Communications System - EFF alleges that as part of the NSA’s domestic spying program, AT&T has allowed the NSA direct access to the phone and Internet communications passing over its network, and has given the government “unfettered access to its over 300 terabyte ‘Daytona’ database of caller information—one of the largest databases in the world.” One of AT&T’s databases, nicknamed “Hawkeye,” contains 312 terabytes of data detailing nearly every telephone communication on AT&T’s domestic network since 2001, the lawsuit alleges. The suit goes on to claim that AT&T allowed the NSA to use the company’s powerful Daytona database management software to quickly search this and other communication databases. AT&T, the suit claims, is in violation of the First and Fourth Amendments, federal wiretapping statutes, telecommunications laws, and the Electronic Communications Privacy Act. The suit requests fines up to $22,000 for each AT&T customer, and punitive fines—damages that could potentially reach into the billions of dollars. The EFF lawsuit is one of over 30 lawsuits filed for similar reasons (see June 26, 2006). The lawsuit will survive a number of initial legal challenges by the Justice Department and AT&T, including AT&T’s contention that “whatever we did, the government told us to do” and therefore it should be immune from such lawsuits, and the Justice Department’s invocation of “national security” and the possibility of the revelation of “state secrets” (see March 9, 1953). EFF retorts, “In this country we follow the law, we don’t just follow orders.” Bankston tells a reporter, “If state secrecy can prevent us from preserving the rights of millions upon millions of people, then there is a profound problem with the law.”
Suit Alleges Criminal Actions, Does Not Challenge Government's Right to Wiretap - The lawsuit does not challenge the government’s right to electronically monitor legitimate terrorism suspects, nor does it challenge the judicial right to issue warrants for such surveillance. Rather, EFF writes: “Wiretaps on terrorists are allowed under the law, and this lawsuit is not challenging the wiretap laws. We have sued AT&T for breaking those laws—the telecommunications giant gave the government access to its communications switches and its huge databases of information on millions of ordinary Americans. These are AT&T customers who have not even been accused of affiliations with terrorists. Americans can be both safe and free: if the government truly believes it has cause to wiretap a suspect, it can order AT&T to provide information under FISA [the Foreign Intelligence Surveillance Act]—for up to 72 hours before going to the court. But AT&T has no business providing direct access to the communications of millions of ordinary Americans, without the checks and balances of Congress or the courts.” [Electronic Frontier Foundation, 1/31/2006; Wired News, 1/31/2006]

Entity Tags: Electronic Frontier Foundation, Foreign Intelligence Surveillance Act, National Security Agency, AT&T, US Department of Justice, Kevin Bankston

Timeline Tags: Civil Liberties

Retired AT&T technician Mark Klein (see December 15-31, 2005 and July 7, 2009), working with a civil liberties group and a reporter to expose the collusion of AT&T and the National Security Agency in pushing the government’s illegal surveillance program (see Early January 2006 and January 23, 2006 and After), searches out appropriate legal counsel. He secures the services of two former assistant US attorneys in San Francisco, Miles Ehrlich and Ismail “Izzy” Ramsey. Ehrlich and Ramsey offer their services pro bono after hearing Klein’s story and examining his evidence (see December 31, 2005). [Klein, 2009, pp. 57]

Entity Tags: National Security Agency, AT&T, Ismail (“Izzy”) Ramsey, Miles Ehrlich, Mark Klein

Timeline Tags: Civil Liberties

Electronic Frontier Foundation (EFF) lawyer Kevin Bankston asks AT&T whistleblower Mark Klein (see December 15-31, 2005 and July 7, 2009) to submit a legal declaration as to his knowledge of AT&T’s collusion with the National Security Agency (NSA) in its illegal domestic wiretapping program. Klein is working with the EFF in that organization’s lawsuit against AT&T (see Early January 2006 and January 31, 2006). Five days later, Klein submits his evidence of AT&T’s actions (see December 31, 2005) to Bankston to be used in the lawsuit. Klein will work with his lawyers to craft the declaration, and will have it in final form by late March. [Klein, 2009, pp. 63-64]

Entity Tags: National Security Agency, AT&T, Electronic Frontier Foundation, Mark Klein, Kevin Bankston

Timeline Tags: Civil Liberties

Expert witness J. Scott Marcus, in an analysis submitted on behalf of the Electronic Frontier Foundation’s lawsuit against AT&T (see January 31, 2006), notes that if the NSA had wanted to intercept only international electronic communications in its surveillance operations facilited by AT&T (see January 16, 2004), it would have placed “splitters” only at entry points such as ocean cable-head stations rather than in AT&T offices (see October 2003) in locations such as Atlanta and San Francisco (see Late 2003), where they would inevitably pick up huge amounts of domestic communications. Marcus, a former AT&T employee who held a top secret clearance when he was a consultant for the Federal Communications Commission (FCC), writes: “The majority of international IP [Internet Protocol] traffic enters the United States at a limited number of locations, many of them in the areas of northern Virginia, Silicon Valley, New York, and (for Latin America) south Florida. This deployment, however, is neither modest nor limited, and it apparently involves considerably more locations that would be required to catch the majority of international traffic.” (Emphasis in original.) Marcus continues: “I conclude that the designers of the SG3 Configuration (see Late 2003) made no attempt, in terms of the location or position of the fiber split, to exclude data sources primarily comprised of domestic data.… Once the data has been diverted, there is nothing in the data that reliably and unambiguously distinguishes whether the destination is domestic or foreign.” Marcus estimates that the NSA has 15 to 20 sites in AT&T facilities around the country, and says, “a substantial fraction, probably well over half, of AT&T’s purely domestic traffic was diverted.” Former senior AT&T technician Mark Klein (see July 7, 2009 and May 2004) will later write, “Though Marcus refrained from drawing the obvious conclusion, the facts strongly suggest that this entire apparatus was designed for domestic spying.” (Emphasis in original). [Klein, 2009, pp. 49-50, 71] Klein will also write that Marcus’s expertise “was at a much higher level than mine.” Klein will later write that he is pleased that Marcus’s statement validates and supports his own documentation and conclusions. [Klein, 2009, pp. 71]

Entity Tags: National Security Agency, AT&T, Electronic Frontier Foundation, Mark Klein, J. Scott Marcus

Timeline Tags: Civil Liberties

The Justice Department demands that it be allowed to review evidence obtained by the Electronic Frontier Foundation (EFF) from retired AT&T technician Mark Klein (see February 23-28, 2006). The EFF is preparing to submit the evidence under regular court seal to presiding Judge Vaughn Walker. Neither the Justice Department nor any other government agency is a named defendant in the EFF’s lawsuit against AT&T for its allegedly illegal behavior in working with the National Security Agency (NSA) to conduct warrantless surveillance against American citizens (see January 31, 2006). Even so, lawyers from the Justice Department say they want to see if Klein’s documentation contains classified information (it does not—see Late 2003), and if so, they intend to place Klein’s documentation into a “sensitive compartmented information facility,” which would mean it would not be kept at the courthouse but in the possession of government agents at a secure location. Such classification would make the legal proceedings more difficult for both Judge Walker and the EFF lawyers. However, the request piques the interest of the national media, and reporters begin “flooding” Klein and the EFF with requests for information and interviews. [Klein, 2009, pp. 65-66] Ironically, two news outlets, the Los Angeles Times and New York Times, have all but shunned Klein before now (see February 11, 2006 and After and Mid-February - Late March, 2006). On April 4, after perusing the documents, the government lawyers return them to Walker with approval from senior Justice Department lawyer Anthony J. Coppolino to file them under ordinary court seal. Klein will later write that Coppolino’s acquiescence will undermine the government’s later efforts to have the lawsuit dismissed under the “state secrets” provision (see Late May, 2006). [Klein, 2009, pp. 66] In June 2007, the online technical news site Wired News will publish the documents after they are released by the Electronic Frontier Foundation (see June 13, 2007) under the headline “AT&T ‘Spy Room’ Documents Unsealed; You’ve Already Seen Them.” Wired previously published them in May 2006 (see May 17, 2006), and PBS’s Frontline also published them as part of a televised documentary on Klein and the eavesdropping program. [Wired News, 6/13/2007]

Entity Tags: Mark Klein, AT&T, Anthony J. Coppolino, Los Angeles Times, US Department of Justice, New York Times, Electronic Frontier Foundation, Vaughn Walker, Wired News, National Security Agency

Timeline Tags: Civil Liberties

AT&T issues a set of demands to whistleblower and former AT&T technician Mark Klein (see December 15-31, 2005 and July 7, 2009), who is providing evidence and documentation to the Electronic Frontier Foundation (EFF) for that organization’s lawsuit against AT&T (see December 31, 2005 and January 31, 2006). AT&T claims Klein’s documentation, which he procured while working for the company, is “confidential and proprietory” information which he should never have publicly disclosed (see Late March - April 4, 2006 and April 6, 2006). The documentation, AT&T claims, is “extremely sensitive in nature and could be used to compromise the integrity of AT&T’s network.” The firm demands the return of the original documents and all copies, and tells Klein to “refrain from discussing or otherwise disclosing your sealed declaration,” referring to the declaration he has made for the lawsuit (see February 23-28, 2006). AT&T sends similar demands to the EFF, and makes a court filing requesting that EFF turn over its documents to the firm. In response, Klein’s lawyers, Miles Ehrlich and Ismail “Izzy” Ramsey (see Early February 2006), decide that they need the assistance of an experienced civil lawyer, and retain James Brosnahan, the veteran trial lawyer who once represented “American Taliban” John Walker Lindh (see December 3-5, 2001). Klein, with the approval of his lawyers, sends a letter to the EFF explaining that AT&T’s threats and demands are “intended to dazzle ignorant people who know nothing about technical matters.” In his letter, he accuses AT&T of either being genuinely ignorant or “feign[ing] ignorance” about the content of his technical documents. The technical documents he possesses, he says, are not confidential nor proprietory, nor are they related to AT&T’s telephone services, as the firm has claimed. Nothing in the documents could be used to compromise the integrity of AT&T’s networks. Klein says that the addition of the splitters to eavesdrop upon and copy over the electronic communications of American citizens (see Late 2003 and March 29, 2006) has already “compromised the integrity of AT&T’s network.” Klein goes on to note that AT&T does not deny colluding with the government to spy on Americans’ communications, instead it says that the documents Klein possesses do not clearly prove that collusion. In conclusion, Klein writes, AT&T is using specious claims of “trade secrets” infringement and false assertions about the nature and content of Klein’s documents to challenge their acceptability in court. Klein meets with his lawyers to discuss their response to the AT&T demands, and after the lawyers warn him of the possible ramifications of fighting such a large corporation and the government at once, Klein insists he wants to press forward. Brosnahan tells Klein, “My grandfather would be proud of me for taking this on,” and promises, “Don’t worry, Mark, we won’t let you hang out there to dry.” Klein later writes that Bresnahan “was as good as his word.” After Brosnahan meets with the AT&T lawyers on April 10, the firm will withdraw its demands against Klein and EFF. Klein will later write: “[I]f they sued me we would get the right of discovery in court, and that was the last thing they wanted. They only wanted to get out of court.” [New York Times, 4/12/2006; Wired News, 4/12/2006; Klein, 2009, pp. 67-70]

Entity Tags: Ismail (“Izzy”) Ramsey, AT&T, Electronic Frontier Foundation, James Brosnahan, Mark Klein, Miles Ehrlich

Timeline Tags: Civil Liberties

The New York Times does a more in-depth report on the allegations advanced by former AT&T technician Mark Klein (see December 15-31, 2005 and July 7, 2009), who is providing evidence and documentation to the Electronic Frontier Foundation (EFF) for that organization’s lawsuit against AT&T (see December 31, 2005 and January 31, 2006). The Times published a far briefer report five days earlier (see April 7, 2006). The article provides a brief synopsis of Klein’s allegations—that AT&T worked with the National Security Agency (NSA) to illegally monitor and record millions of Americans’ telephone and Internet communications and thus illegally invaded its customers’ privacy. It also notes, as did the first article, that Klein had provided some of his documentation “to reporters,” though neither article admits that the Times received the documents months beforehand (see Mid-February - Late March, 2006). The new information in the article is the conclusion of “four independent telecommunications and computer security experts” who examined Klein’s documents “at the request of The New York Times.” According to the four experts, the documents “describe equipment capable of monitoring a large quantity of email messages, Internet phone calls, and other Internet traffic. The equipment… was able to select messages that could be identified by keywords, Internet or email addresses, or country of origin and divert copies to another location for further analysis.” All four experts agreed that the documents proved “AT&T had an agreement with the federal government to systematically gather information flowing on the Internet through the company’s network. The gathering of such information, known as data mining, involves the use of sophisticated computer programs to detect patterns or glean useful intelligence from masses of information.” Brian Reid, the director of engineering at the Internet Systems Consortium, says of the AT&T/NSA project: “This took expert planning and hundreds of millions of dollars to build. This is the correct way to do high volume Internet snooping.” An expert who refuses to be named says the documents are “consistent” with Bush administration claims that the NSA only monitored foreign communications and communications between foreign and US locations, in part because of the location of the monitoring sites. (An expert witness, former AT&T and FCC employee J. Scott Marcus, has given testimony for EFF that flatly contradicts this expert’s assertions—see March 29, 2006). The article notes the Justice Department’s objections to Klein’s documents being filed with the court in the EFF lawsuit, and notes that the department withdrew its objections (see Late March - April 4, 2006). It also notes AT&T’s request for the court to order the EFF to return the documents because they are, the firm claimed, “proprietary” (see April 6-8, 2006). AT&T spokesman Walt Sharp says of Klein and the EFF lawsuit: “AT&T does follow all laws with respect to assistance offered to government agencies. However, we are not in a position to comment on matters of national security.” NSA spokesman Don Weber makes a similar statement: “It would be irresponsible of us to discuss actual or alleged operational issues as it would give those wishing to do harm to the United States the ability to adjust and potentially inflict harm.” [New York Times, 4/12/2006] Klein will write of the story, “Finally it was out there in a major newspaper, though I noticed that the New York Times did not show any images of the actual documents, and never called me back for an in-depth followup story.” [Klein, 2009, pp. 71]

Entity Tags: J. Scott Marcus, Brian Reid, AT&T, Bush administration (43), Electronic Frontier Foundation, National Security Agency, Walter Sharp, Mark Klein, Don Weber, New York Times, US Department of Justice

Timeline Tags: Civil Liberties

Wired News logo.Wired News logo. [Source: Delve Networks]Evan Hansen, the editor in chief of Wired News, an online technical news site, explains why the site published a set of documents from AT&T whistleblower Mark Klein (see December 15-31, 2005 and July 7, 2009). Klein is working with the Electronic Frontier Foundation (EFF) in that organization’s lawsuit against AT&T for invading its customers’ privacy by taking part in the National Security Agency’s warrantless domestic wiretap operation (see January 31, 2006). The presiding judge, Vaughn Walker, has denied requests from the EFF and a number of news organizations to unseal the documents and make them public. For its part, AT&T wants the documents to remain sealed, claiming they are proprietary and that it would suffer harm if they were disclosed (see April 6-8, 2006). Hansen and the Wired News senior staff disagree. “In addition,” Hansen writes, “we believe the public’s right to know the full facts in this case outweighs AT&T’s claims to secrecy.” Hansen erroneously says that the documents seem “to be excerpted from material that was later filed in the lawsuit under seal,” though “we can’t be entirely sure, because the protective order prevents us from comparing the two sets of documents.” Klein later writes that the Wired News staff “confused my 2004 memo (see January 16, 2004) with my court-sealed legal declaration” (see February 23-28, 2006); even so, Klein will write, “it was true that all of the AT&T documents were still under court seal.” Hansen says Wired News reporter Ryan Singel received the Klein documents from “an anonymous source close to the litigation.” Hansen also writes: “We are filing a motion to intervene in the case in order to request that the court unseal the evidence, joining other news and civil rights organizations that have already done so, including the EFF, the San Francisco Chronicle, the Los Angeles Times, the San Jose Mercury News, the Associated Press, and Bloomberg. Before publishing these documents we showed them to independent security experts, who agreed they pose no significant danger to AT&T. For example, they do not reveal information that hackers might use to easily attack the company’s systems.” Hansen writes that Wired’s publication of the documents does not violate Walker’s gag order concerning the documents’ publication, as the order specifically bars the EFF and its representatives—and no one else—from publishing or discussing them. “The court explicitly rejected AT&T’s motion to include Klein in the gag order and declined AT&T’s request to force the EFF to return the documents,” he notes (see May 17, 2006). [Wired News, 5/22/2006; Klein, 2009, pp. 75]

Entity Tags: Vaughn Walker, AT&T, Electronic Frontier Foundation, Evan Hansen, Mark Klein, Ryan Singel, Wired News, National Security Agency

Timeline Tags: Civil Liberties

The Electronic Frontier Foundation (EFF) publishes a set of three non-classified documents secured from telecommunications giant AT&T by former AT&T technician and current whistleblower Mark Klein. Klein has used the documents to prove his assertions that AT&T colluded with the National Security Agency to illegally eavesdrop on Americans’ telephone and Internet communications (see December 15-31, 2005 and July 7, 2009). The EFF has sued AT&T for violating its customers’ privacy, and Klein and the documents are key elements of its case (see February 23-28, 2006). After years of opposing their public disclosure and attempting to force their return (see April 6-8, 2006), AT&T acquiesced to the documents’ disclosure earlier this week after the EFF threatened to take the corporation to a federal appeals court. The documents were released in part by Wired News over a year ago against AT&T’s wishes (see May 17, 2006), and PBS also made them public as a part of a Frontline documentary. The Justice Department considered classifying the documents, then rejected the idea (see Late March - April 4, 2006). According to EFF’s Cindy Cohn, AT&T agreed to the disclosure of those portions to escape the embarrassment of arguing that documents available on the Internet for more than a year were secret. Wired’s Ryan Singel writes: “There are no surprises in the AT&T documentation… which consist of a subset of the pages already published by Wired News. They include AT&T wiring diagrams, equipment lists, and task orders that appear to show the company tapping into fiber-optic cables at the point where its backbone network connects to other ISPs at a San Francisco switching office. The documents appear to show the company siphoning off the traffic to a room packed with Internet-monitoring gear.” The EFF also releases a formerly sealed, signed declaration by Klein (see February 23-28, 2006) and a written analysis of the documentation by Internet expert J. Scott Marcus (see March 29, 2006). Marcus’s analysis, which had previously remained largely under court-ordered seal, is “the most interesting” of the releases, Singel writes. Marcus said the AT&T technical configuration allowed the NSA to conduct “surveillance and analysis of Internet content on a massive scale, including both overseas and purely domestic traffic,” and found it probable that AT&T had “15 or 20” secret facilities around the country, not just the few facilities of which Klein was aware. AT&T, with the Justice Department, is trying to prevent EFF’s lawsuit from continuing, insisting that such a trial would expose “state secrets” (see April 28, 2006 and May 13, 2006). Judge Vaughn Walker has already considered and dismissed that claim (see July 20, 2006); AT&T and the government hope an appeals court will find in their favor. Cohn tells Singel she hopes the documents will show the public that their case is based in fact and not speculation, and that the government’s claim of a national security risk is overblown: “It really paints them into a corner, how unreasonable their claims of state secrets are. I’m hoping [the document release] demonstrates we are right and know what we are talking about and that we don’t need much more to win our case. We are much closer than people think.” [Wired News, 6/13/2007]

Entity Tags: J. Scott Marcus, Cindy Cohn, AT&T, Electronic Frontier Foundation, Mark Klein, National Security Agency, Wired News, Ryan Singel, US Department of Justice, Vaughn Walker

Timeline Tags: Civil Liberties

The cover of Mark Klein’s ‘Wiring Up the Big Brother Machine… and Fighting It.’The cover of Mark Klein’s ‘Wiring Up the Big Brother Machine… and Fighting It.’ [Source: BookSurge / aLibris (.com)]Former AT&T technician Mark Klein self-publishes his book, Wiring Up the Big Brother Machine… and Fighting It. In his acknowledgements, Klein writes that he chose to self-publish (through BookSurge, a pay-to-publish venue) because “[t]he big publishers never called me,” and the single small publishing house that offered to publish his book added “an unacceptable requirement to cut core material.” Klein based his book on his experiences as an AT&T engineer at the telecom giant’s San Francisco facility, where he primarily worked with AT&T’s Internet service. In 2002 and 2003, Klein witnessed the construction of of a “secret room,” a facility within the facility that was used by the National Security Agency (NSA) to gather billions of email, telephone, VoIP (voice over Internet Protocol), and text messages, most of which were sent by ordinary Americans. The NSA did its electronic surveillance, Klein writes, secretly and without court warrants. Klein describes himself as “wiring up the Big Brother machine,” and was so concerned about the potential illegality and constitutional violations of the NSA’s actions (with AT&T’s active complicity) that he retained a number of non-classified documents proving the extent of the communications “vacuuming” being done. Klein later used those documents to warn a number of reporters, Congressional members, and judges of what he considered a horrific breach of Americans’ right to privacy. [Klein, 2009, pp. 9-11, 21-24, 33, 35, 38, 40] In 2007, Klein described his job with the firm as “basically to keep the systems going. I worked at AT&T for 22 and a half years. My job was basically to keep the systems going. They were computer systems, network communication systems, Internet equipment, Voice over Internet [Protocol (VoIP)] equipment. I tested circuits long distance across the country. That was my job: to keep the network up.” He explained why he chose to become a “whistleblower:” “Because I remember the last time this happened.… I did my share of anti-war marches when that was an active thing back in the ‘60s, and I remember the violations and traffic transgressions that the government pulled back then for a war that turned out to be wrong, and a lot of innocent people got killed over it. And I’m seeing all this happening again, only worse. When the [NSA] got caught in the ‘70s doing domestic spying, it was a big scandal, and that’s why Congress passed the FISA [Foreign Intelligence Surveillance Act] law, as you know, to supposedly take care of that (see 1978). So I remember all that. And the only way any law is worth anything is if there’s a memory so that people can say: ‘Wait a minute. This happened before.’ And you’ve got to step forward and say: ‘I remember this. This is the same bad thing happening again, and there should be a halt to it.’ And I’m a little bit of that institutional memory in the country; that’s all.” [PBS Frontline, 5/15/2007]

Entity Tags: National Security Agency, AT&T, BookSurge, Mark Klein

Timeline Tags: Civil Liberties

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