-Caveat Lector-

source:
http://washingtonpost.com/wp-srv/WPcap/1999-11/14/019r-111499-idx.html


Loud and Clear
The most secret of secret agencies operates under outdated laws.

By James Bamford

Sunday, November 14, 1999; Page B01

On the Yorkshire moors in northern England, dozens of enormous white globes
sit like a moon base, each one hiding a dish-shaped antenna aimed at a
satellite. Acres of buildings house advanced computers and receiving
equipment, while tall fences and roving guards keep the curious at a
distance. Known as Menwith Hill station, it is one of the most secret pieces
of real estate on Earth. It is also becoming one of the most controversial.

For decades, Menwith Hill has been the key link in a worldwide eavesdropping
network operated by America's super-secret National Security Agency (NSA),
the agency responsible, among other things, for electronic surveillance and
code breaking. It is the NSA's largest listening post anywhere in the world.
During the Cold War, the station played a major role in the West's ability
to monitor the diplomatic, military and commercial communication behind the
Iron Curtain. But rather than shrinking in the decade since the fall of the
Berlin Wall, Menwith Hill has grown.

People in Europe and the United States are beginning to ask why. Has the
NSA turned from eavesdropping on the communists to eavesdropping on
businesses and private citizens in Europe and the United States? The
concerns have arisen because of the existence of a sophisticated network
linking the NSA and the spy agencies of several other nations. The NSA will
not confirm the existence of the project, code-named Echelon.

The allegations are serious. A report by the European Parliament has gone
so far as to say "within Europe all e-mail, telephone and fax communications
are routinely intercepted" by the NSA. As one of the few outsiders who have
followed the agency for years, I think the concerns are overblown--so far.
Based on everything I know about the agency, and countless conversations
with current and former NSA personnel, I am certain that the NSA is not
overstepping its mandate. But that doesn't mean it won't.

My real concern is that the technologies it is developing behind closed
doors, and the methods that have given rise to such fears, have given the
agency the ability to extend its eavesdropping network almost without
limits. And as the NSA speeds ahead in its development of satellites and
computers powerful enough to sift through mountains of intercepted data, the
federal laws (now a quarter-century old) that regulate the agency are still
at the starting gate. The communications revolution--and all the new
electronic devices susceptible to monitoring--came long after the primary
legislation governing the NSA.

The controversy comes at an interesting time. Throughout much of the
intelligence community, the cloak of secrecy is being pulled back. The CIA
recently sponsored a well-publicized reunion of former American spies in
Berlin and is planning a public symposium on intelligence during the Cold
War later this month in Texas. Even the National Reconnaissance Office, once
so secret that even its name was classified, now offers millions of pages of
documents and decades of spy satellite imagery to anyone with the time and
interest to review them.

The NSA is the exception. As more and more questions are being raised about
its activities, the agency is pulling its cloak even tighter. It is
obsessively secretive. Last spring, for the first time, it denied a routine
request for internal procedural information from a congressional
intelligence committee.

Headquartered at Fort Meade, halfway between Washington and Baltimore, the
NSA is by far America's largest spy agency. It has about 38,000 military and
civilian employees around the world; the CIA, roughly 17,000. The agency's
mandate is to monitor communications and break codes overseas; it also has a
limited domestic role, with targets such as foreign embassies. It can
monitor American citizens suspected of espionage with a warrant from a
special court. It is potentially the most intrusive spy agency. Where scores
of books have been written about the CIA, the only book exclusively on the
NSA is the one I wrote in 1982.

Echelon, which links the NSA to its counterparts in the U.K., Canada,
Australia and New Zealand, amounts to a global listening network. With it,
those agencies are able to sift through great quantities of communications
intercepted by satellites and ground stations around the world, using
computers that search for specific names, words or phrases.

Whether the NSA will go too far with Echelon is not an idle question. In
the mid-1970s, the Senate and House Select Committees on Intelligence were
created in part as a result of NSA violations. For decades, the NSA had
secretly and illegally gained access to millions of private telegrams and
telephone calls in the United States. The agency acted as though the laws
that applied to the rest of government did not apply to it.

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