{"id":43216,"date":"2014-05-26T12:00:36","date_gmt":"2014-05-26T11:00:36","guid":{"rendered":"https:\/\/www.transcend.org\/tms\/?p=43216"},"modified":"2015-05-05T21:34:57","modified_gmt":"2015-05-05T20:34:57","slug":"data-pirates-of-the-caribbean-the-nsa-is-recording-every-cell-phone-call-in-the-bahamas","status":"publish","type":"post","link":"https:\/\/www.transcend.org\/tms\/2014\/05\/data-pirates-of-the-caribbean-the-nsa-is-recording-every-cell-phone-call-in-the-bahamas\/","title":{"rendered":"Data Pirates of the Caribbean: The NSA Is Recording Every Cell Phone Call in the Bahamas"},"content":{"rendered":"<div id=\"attachment_43217\" style=\"width: 1034px\" class=\"wp-caption aligncenter\"><a href=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/bahamas_200.jpg\" ><img loading=\"lazy\" decoding=\"async\" aria-describedby=\"caption-attachment-43217\" class=\"wp-image-43217 size-large\" src=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/bahamas_200-1024x576.jpg\" alt=\"bahamas_200\" width=\"1024\" height=\"576\" srcset=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/bahamas_200-1024x576.jpg 1024w, https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/bahamas_200-300x168.jpg 300w, https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/bahamas_200.jpg 1831w\" sizes=\"auto, (max-width: 1024px) 100vw, 1024px\" \/><\/a><p id=\"caption-attachment-43217\" class=\"wp-caption-text\">Photo credit: Getty Images<\/p><\/div>\n<p>The National Security Agency is secretly intercepting, recording, and archiving the audio of virtually every cell phone conversation on the island nation of the Bahamas.<\/p>\n<p>According to documents provided by NSA whistleblower Edward Snowden, the surveillance is part of a top-secret system \u2013\u00a0code-named SOMALGET \u2013\u00a0that was implemented without the knowledge or consent of the Bahamian government. Instead, the agency appears to have used access legally obtained in cooperation with the U.S. Drug Enforcement Administration to open a backdoor to the country\u2019s cellular telephone network, enabling it to covertly record and store the \u201cfull-take audio\u201d of every mobile call made to, from and within the Bahamas \u2013\u00a0and to replay those calls for up to a month.<\/p>\n<p>SOMALGET is part of a broader NSA program called MYSTIC, which <em>The Intercept<\/em> has learned is being used to secretly monitor the telecommunications systems of the Bahamas and several other countries, including Mexico, the Philippines, and Kenya. But while MYSTIC scrapes mobile networks for so-called \u201cmetadata\u201d \u2013\u00a0information that reveals the time, source, and destination of calls \u2013\u00a0SOMALGET is a cutting-edge tool that enables the NSA to vacuum up and store the actual content of every conversation in an entire country.<\/p>\n<p>All told, the NSA is using MYSTIC to gather personal data on mobile calls placed in countries with a combined population of more than 250 million people. And according to classified documents, the agency is seeking funding to export the sweeping surveillance capability elsewhere.<\/p>\n<p>The program raises profound questions about the nature and extent of American surveillance abroad. The U.S. intelligence community routinely justifies its massive spying efforts by citing the threats to national security posed by global terrorism and unpredictable rival nations like Russia and Iran. But the NSA documents indicate that SOMALGET has been deployed in the Bahamas to locate \u201cinternational narcotics traffickers and special-interest alien smugglers\u201d \u2013\u00a0traditional law-enforcement concerns, but a far cry from derailing terror plots or intercepting weapons of mass destruction.<\/p>\n<p>\u201cThe Bahamas is a stable democracy that shares democratic principles, personal freedoms, and rule of law with the United States,\u201d the State Department concluded in a crime and safety report published last year. \u201cThere is little to no threat facing Americans from domestic (Bahamian) terrorism, war, or civil unrest.\u201d<\/p>\n<p>By targeting the Bahamas\u2019 entire mobile network, the NSA is intentionally collecting and retaining intelligence on millions of people who have not been accused of any crime or terrorist activity. Nearly five million Americans visit the country each year, and many prominent U.S. citizens keep homes there, including Sen. Tom Harkin (D-Iowa), Bill Gates, and Oprah Winfrey.<\/p>\n<p>In addition, the program is a serious \u2013\u00a0and perhaps illegal \u2013\u00a0abuse of the access to international phone networks that other countries willingly grant the United States for legitimate law-enforcement surveillance. If the NSA is using the Drug Enforcement Administration\u2019s relationship to the Bahamas as a cover for secretly recording the entire country\u2019s mobile phone calls, it could imperil the longstanding tradition of international law enforcement cooperation that the United States enjoys with its allies.<\/p>\n<p>\u201cIt\u2019s surprising, the short-sightedness of the government,\u201d says Michael German, a fellow at New York University\u2019s Brennan Center for Justice who spent 16 years as an FBI agent conducting undercover investigations. \u201cThat they couldn\u2019t see how exploiting a lawful mechanism to such a degree that you might lose that justifiable access \u2013\u00a0that\u2019s where the intelligence community is acting in a way that harms its long-term interests, and clearly the long-term national security interests of the United States.\u201d<\/p>\n<p>The NSA refused to comment on the program, but said in a statement that \u201cthe implication that NSA\u2019s foreign intelligence collection is arbitrary and unconstrained is false.\u201d The agency also insisted that it follows procedures to \u201cprotect the privacy of U.S. persons\u201d whose communications are \u201cincidentally collected.\u201d<\/p>\n<p>Informed about the NSA\u2019s spying, neither the Bahamian prime minister\u2019s office nor the country\u2019s national security minister had any comment. The embassies of Mexico, Kenya, and the Philippines did not respond to phone messages and emails.<\/p>\n<div id=\"attachment_43218\" style=\"width: 310px\" class=\"wp-caption aligncenter\"><a href=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/mystic_somalget_final.jpg\" ><img loading=\"lazy\" decoding=\"async\" aria-describedby=\"caption-attachment-43218\" class=\"wp-image-43218 size-medium\" src=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/mystic_somalget_final-300x195.jpg\" alt=\"Illustration by Josh Begley\" width=\"300\" height=\"195\" srcset=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/mystic_somalget_final-300x195.jpg 300w, https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/mystic_somalget_final.jpg 1000w\" sizes=\"auto, (max-width: 300px) 100vw, 300px\" \/><\/a><p id=\"caption-attachment-43218\" class=\"wp-caption-text\">Illustration by Josh Begley<\/p><\/div>\n<p>In March, <a target=\"_blank\" href=\"http:\/\/www.washingtonpost.com\/world\/national-security\/nsa-surveillance-program-reaches-into-the-past-to-retrieve-replay-phone-calls\/2014\/03\/18\/226d2646-ade9-11e3-a49e-76adc9210f19_story.html\" ><em>The Washington Post<\/em><\/a><a target=\"_blank\" href=\"http:\/\/www.washingtonpost.com\/world\/national-security\/nsa-surveillance-program-reaches-into-the-past-to-retrieve-replay-phone-calls\/2014\/03\/18\/226d2646-ade9-11e3-a49e-76adc9210f19_story.html\" > revealed<\/a> that the NSA had developed the capability to record and store an entire nation\u2019s phone traffic for 30 days. The <em>Post<\/em> reported that the\u00a0 capacity was a feature of MYSTIC, which it described as a \u201cvoice interception program\u201d that is fully operational in one country and proposed for activation in six others. (The <em>Post<\/em> also referred to NSA documents suggesting that MYSTIC was pulling metadata in some of those countries.) Citing government requests, the paper declined to name any of those countries.<\/p>\n<p><em>The Intercept<\/em> has confirmed that <a target=\"_blank\" href=\"https:\/\/www.documentcloud.org\/documents\/1164079-02may2013-sso.html\" >as of 2013<\/a>, the NSA was actively using MYSTIC to gather cell-phone metadata in five countries, and was intercepting voice data in two of them. Documents show that the NSA has been generating intelligence reports from MYSTIC surveillance in the Bahamas, Mexico, Kenya, the Philippines, and one other country, which <em>The Intercept<\/em> is not naming in response to specific, credible concerns that doing so could lead to increased violence. The more expansive full-take recording capability has been deployed in both the Bahamas and the unnamed country.<\/p>\n<p>MYSTIC was established in 2009 by the NSA\u2019s Special Source Operations division, which works with corporate partners to conduct surveillance. Documents in the Snowden archive <a target=\"_blank\" href=\"https:\/\/www.documentcloud.org\/documents\/1164087-mystic.html\" >describe it<\/a> as a \u201cprogram for embedded collection systems overtly installed on target networks, predominantly for the collection and processing of wireless\/mobile communications networks.\u201d<\/p>\n<div id=\"attachment_43219\" style=\"width: 310px\" class=\"wp-caption aligncenter\"><a href=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/mystic_somalget_final2.jpg\" ><img loading=\"lazy\" decoding=\"async\" aria-describedby=\"caption-attachment-43219\" class=\"wp-image-43219 size-medium\" src=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/mystic_somalget_final2-300x54.jpg\" alt=\"mystic_somalget_final2\" width=\"300\" height=\"54\" srcset=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/mystic_somalget_final2-300x54.jpg 300w, https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/mystic_somalget_final2-1024x186.jpg 1024w\" sizes=\"auto, (max-width: 300px) 100vw, 300px\" \/><\/a><p id=\"caption-attachment-43219\" class=\"wp-caption-text\">A top-secret description of the MYSTIC program written by the NSA\u2019s Special Source Operations division<\/p><\/div>\n<p>If an entire nation\u2019s cell-phone calls were a menu of TV shows, MYSTIC would be a cable programming guide showing which channels offer which shows, and when. SOMALGET would be the DVR that automatically records every show on every channel and stores them for a month. MYSTIC provides the access; SOMALGET provides the massive amounts of storage needed to archive all those calls so that analysts can listen to them at will after the fact. According to one <a target=\"_blank\" href=\"https:\/\/www.documentcloud.org\/documents\/1164086-sso-dictionary-excerpt.html\" >NSA document<\/a>, SOMALGET is \u201cdeployed against entire networks\u201d in the Bahamas and the second country, and processes \u201cover 100 million call events per day.\u201d<\/p>\n<p>SOMALGET\u2019s capabilities are further detailed in a <a target=\"_blank\" href=\"https:\/\/www.documentcloud.org\/documents\/1164088-somalget.html\" >May 2012 memo<\/a> written by an official in the NSA\u2019s International Crime and Narcotics division. The memo hails the \u201cgreat success\u201d the NSA\u2019s drugs and crime unit has enjoyed through its use of the program, and boasts about how \u201cbeneficial\u201d the collection and recording of every phone call in a given nation can be to intelligence analysts.<\/p>\n<p>Rather than simply making \u201ctentative analytic conclusions derived from metadata,\u201d the memo notes, analysts can follow up on hunches by going back in time and listening to phone calls recorded during the previous month. Such \u201cretrospective retrieval\u201d means that analysts can figure out what targets were saying even when the calls occurred before the targets were identified. \u201c[W]e buffer certain calls that MAY be of foreign intelligence value for a sufficient period to permit a well-informed decision on whether to retrieve and return specific audio content,\u201d the NSA official reported.<\/p>\n<p>\u201cThere is little reason,\u201d the official added, that SOMALGET could not be expanded to more countries, as long as the agency provided adequate engineering, coordination and hardware. There is no indication in the documents that the NSA followed up on the official\u2019s enthusiasm.<\/p>\n<div id=\"attachment_43220\" style=\"width: 310px\" class=\"wp-caption aligncenter\"><a href=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/mystic-nsa-bahamas.jpg\" ><img loading=\"lazy\" decoding=\"async\" aria-describedby=\"caption-attachment-43220\" class=\"size-medium wp-image-43220\" src=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/mystic-nsa-bahamas-300x79.jpg\" alt=\"A 2012 memo written by the NSA\u2019s International Crime &amp; Narcotics division\" width=\"300\" height=\"79\" srcset=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/mystic-nsa-bahamas-300x79.jpg 300w, https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/mystic-nsa-bahamas-1024x271.jpg 1024w, https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/mystic-nsa-bahamas.jpg 1660w\" sizes=\"auto, (max-width: 300px) 100vw, 300px\" \/><\/a><p id=\"caption-attachment-43220\" class=\"wp-caption-text\">A 2012 memo written by the NSA\u2019s International Crime &amp; Narcotics division<\/p><\/div>\n<p>The documents don\u2019t spell out how the NSA has been able to tap the phone calls of an entire country. But one memo indicates that SOMALGET data is covertly acquired under the auspices of \u201clawful intercepts\u201d made through Drug Enforcement Administration \u201caccesses\u201d\u2013\u00a0legal wiretaps of foreign phone networks that the DEA requests as part of international law enforcement cooperation.<\/p>\n<p>When U.S. drug agents need to tap a phone of a suspected drug kingpin in another country, they call up their counterparts and ask them set up an intercept. To facilitate those taps, many nations \u2013\u00a0including the Bahamas \u2013\u00a0have hired contractors who install and maintain so-called lawful intercept equipment on their telecommunications. With SOMALGET, it appears that the NSA has used the access those contractors developed to secretly mine the country\u2019s entire phone system for \u201csignals intelligence\u201d \u2013recording every mobile call in the country. \u201cHost countries,\u201d the document notes, \u201care not aware of NSA\u2019s SIGINT collection.\u201d<\/p>\n<p>\u201cLawful intercept systems engineer communications vulnerabilities into networks, forcing the carriers to weaken,\u201d says Christopher Soghoian, the principal technologist for the American Civil Liberties Union. \u201cHost governments really should be thinking twice before they accept one of these Trojan horses.\u201d<\/p>\n<p>The DEA has long been in a unique position to help the NSA gain backdoor access to foreign phone networks. \u201cDEA has close relationships with foreign government counterparts and vetted foreign partners,\u201d the manager of the NSA\u2019s drug-war efforts reported in <a target=\"_blank\" href=\"https:\/\/www.documentcloud.org\/documents\/1164085-sidtoday-dea-the-other-warfighter.html\" >a 2004 memo<\/a>. Indeed, with more than 80 international offices, the DEA is one of the most widely deployed U.S. agencies around the globe.<\/p>\n<p>But what many foreign governments fail to realize is that U.S. drug agents don\u2019t confine themselves to simply fighting narcotics traffickers. \u201cDEA is actually one of the biggest spy operations there is,\u201d says Finn Selander, a former DEA special agent who works with the drug-reform advocacy group Law Enforcement Against Prohibition. \u201cOur mandate is not just drugs. We collect intelligence.\u201d<\/p>\n<p>What\u2019s more, Selander adds, the NSA has aided the DEA for years on surveillance operations. \u201cOn our reports, there\u2019s drug information and then there\u2019s non-drug information,\u201d he says. \u201cSo countries let us in because they don\u2019t view us, really, as a spy organization.\u201d<\/p>\n<p>Selander\u2019s first-hand experience is echoed in the 2004 memo by the manager of the NSA\u2019s drug-war efforts, which was titled \u201cDEA: The Other Warfighter.\u201d The DEA and the NSA \u201cenjoy a vibrant two-way information-sharing relationship,\u201d the memo observes, and cooperate so closely on counternarcotics and counterterrorism that there is a risk of \u201cblurring the lines between the two missions.\u201d<\/p>\n<p>Still, the ability to record and replay the phone calls of an entire country appears to be a relatively new weapon in the NSA\u2019s arsenal. None of the half-dozen former U.S. law enforcement officials interviewed by <em>The Intercept<\/em> said they had ever heard of a surveillance operation quite like the NSA\u2019s Bahamas collection.<\/p>\n<p>\u201cI\u2019m completely unfamiliar with the program,\u201d says Joel Margolis, a former DEA official who is now executive vice president of government affairs for Subsentio, a Colorado-based company that installs lawful intercepts for telecommunications providers. \u201cI used to work in DEA\u2019s office of chief counsel, and I was their lead specialist on lawful surveillance matters. I wasn\u2019t aware of anything like this.\u201d<\/p>\n<div id=\"attachment_43221\" style=\"width: 760px\" class=\"wp-caption aligncenter\"><a href=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/mystic-nsa-bahamas2.jpg\" ><img loading=\"lazy\" decoding=\"async\" aria-describedby=\"caption-attachment-43221\" class=\"size-full wp-image-43221\" src=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/mystic-nsa-bahamas2.jpg\" alt=\"A 2012 memo written by the NSA\u2019s International Crime &amp; Narcotics division\" width=\"750\" height=\"300\" srcset=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/mystic-nsa-bahamas2.jpg 750w, https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/mystic-nsa-bahamas2-300x120.jpg 300w\" sizes=\"auto, (max-width: 750px) 100vw, 750px\" \/><\/a><p id=\"caption-attachment-43221\" class=\"wp-caption-text\">A 2012 memo written by the NSA\u2019s International Crime &amp; Narcotics division<\/p><\/div>\n<p>For nearly two decades, telecom providers in the United States have been legally obligated under the 1994 Communications Assistance for Law Enforcement Act to build their networks with wiretapping capabilities, providing law enforcement agencies with access to more efficient, centrally managed surveillance.<\/p>\n<p>Since CALEA\u2019s passage, many countries have adopted similar measures, making it easier to gather telecommunications intelligence for international investigations. A <a target=\"_blank\" href=\"http:\/\/www.unodc.org\/pdf\/lap_mlaeg_report_final.pdf\" >2001 working group for the United Nations Office on Drugs and Crime<\/a> went so far as to urge countries to consider permitting foreign law enforcement agencies to initiate international wiretaps directly from within their own territories.<\/p>\n<p>The process for setting up lawful intercepts in foreign countries is largely the same as in the United States. \u201cLaw enforcement issues a warrant or other authorization, a carrier or a carrier\u2019s agent responds to the warrant by provisioning the intercept, and the information is sent in sort of a one-way path to the law enforcement agency,\u201d says Marcus Thomas, a former FBI assistant director who now serves as chief technology officer for Subsentio.<\/p>\n<p>When U.S. drug agents wiretap a country\u2019s phone networks, they must comply with the host country\u2019s laws and work alongside their law enforcement counterparts. \u201cThe way DEA works with our allies \u2013 it could be Bahamas or Jamaica or anywhere \u2013 the host country has to invite us,\u201d says Margolis. \u201cWe come in and provide the support, but they do the intercept themselves.\u201d<\/p>\n<p>The Bahamas\u2019 <a target=\"_blank\" href=\"http:\/\/www.vertic.org\/media\/National%20Legislation\/Bahamas\/BS_Listening_Devices_Act_1972.pdf\" >Listening Devices Act<\/a> requires all wiretaps to be authorized in writing either by the minister of national security or the police commissioner in consultation with the attorney general. The individuals to be targeted must be named. Under the nation\u2019s <a target=\"_blank\" href=\"http:\/\/www.lexbahamas.com\/Data%20Protection%202003.pdf\" >Data Protection Act<\/a>, personal data may only be \u201ccollected by means which are both lawful and fair in the circumstances of the case.\u201d The office of the Bahamian data protection commissioner, which administers the act, said in a statement that it \u201cwas not aware of the matter you raise.\u201d<\/p>\n<p>Countries like the Bahamas don\u2019t install lawful intercepts on their own. With the adoption of international standards, a thriving market has emerged for private firms that are contracted by foreign governments to install and maintain lawful intercept equipment. Currently valued at more than $128 million, the global market for private interception services is expected to skyrocket to more than $970 million within the next four years, according to a <a target=\"_blank\" href=\"http:\/\/www.marketsandmarkets.com\/Market-Reports\/lawful-interception-market-1264.html\" >2013 report<\/a> from the research firm Markets and Markets.<\/p>\n<p>\u201cMost telecom hardware vendors will have some solutions for legal interception,\u201d says a former mobile telecommunications engineer who asked not to be named because he is currently working for the British government. \u201cThat\u2019s pretty much because legal interception is a requirement if you\u2019re going to operate a mobile phone network.\u201d<\/p>\n<p>The proliferation of private contractors has apparently provided the NSA with direct access to foreign phone networks. According to the documents, MYSTIC draws its data from \u201ccollection systems\u201d that were overtly installed on the telecommunications systems of targeted countries, apparently by corporate \u201cpartners\u201d cooperating with the NSA.<\/p>\n<p><a target=\"_blank\" href=\"https:\/\/www.documentcloud.org\/documents\/1164087-mystic.html\" >One NSA document<\/a> spells out that \u201cthe overt purpose\u201d given for accessing foreign telecommunications systems is \u201cfor legitimate commercial service for the Telco\u2019s themselves.\u201d But the same document adds: \u201cOur covert mission is the provision of SIGINT,\u201d or signals intelligence.<\/p>\n<p>The classified 2013 intelligence budget also <a target=\"_blank\" href=\"https:\/\/www.documentcloud.org\/documents\/1164084-black-budget.html\" >describes MYSTIC<\/a> as using \u201cpartner-enabled\u201d access to both cellular and landline phone networks. The goal of the access, the budget says, is to \u201cprovide comprehensive metadata access and content against targeted communications\u201d in the Caribbean, Mexico, Kenya, the Philippines, and the unnamed country. The budget adds that in the Bahamas, Mexico, and the Philippines, MYSTIC requires \u201ccontracted services\u201d for its \u201coperational sustainment.\u201d<\/p>\n<div id=\"attachment_43222\" style=\"width: 710px\" class=\"wp-caption aligncenter\"><a href=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/SSO_Dictionary_Excerpt-nsa-mystic-bahamas.jpg\" ><img loading=\"lazy\" decoding=\"async\" aria-describedby=\"caption-attachment-43222\" class=\"size-full wp-image-43222\" src=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/SSO_Dictionary_Excerpt-nsa-mystic-bahamas.jpg\" alt=\"Definitions of terms related to the MYSTIC program, drawn from an NSA glossary\" width=\"700\" height=\"339\" srcset=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/SSO_Dictionary_Excerpt-nsa-mystic-bahamas.jpg 700w, https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/SSO_Dictionary_Excerpt-nsa-mystic-bahamas-300x145.jpg 300w\" sizes=\"auto, (max-width: 700px) 100vw, 700px\" \/><\/a><p id=\"caption-attachment-43222\" class=\"wp-caption-text\">Definitions of terms related to the MYSTIC program, drawn from an NSA glossary<\/p><\/div>\n<p>The NSA documents don\u2019t specify who is providing access in the Bahamas. But they do describe SOMALGET as an \u201cumbrella term\u201d for systems provided by a private firm, which is described elsewhere in the documents as a \u201cMYSTIC access provider.\u201d (The documents don\u2019t name the firm, but rather refer to a cover name that <em>The Intercept<\/em> has agreed not to publish in response to a specific, credible concern that doing so could lead to violence.) Communications experts consulted by<em>The Intercept<\/em> say the descriptions in the documents suggest a company able to install lawful intercept equipment on phone networks.<\/p>\n<p>Though it is not the \u201caccess provider,\u201d the behemoth NSA contractor General Dynamics is directly involved in both MYSTIC and SOMALGET. According to documents, the firm has an eight-year, $51 million contract to process \u201call MYSTIC data and data for other NSA accesses\u201d at a facility in \u00a0Annapolis Junction, Maryland, down the road from NSA\u2019s\u00a0 headquarters. NSA logs of SOMALGET collection activity \u2013\u00a0communications between analysts about issues such as outages and performance problems \u2013\u00a0contain references to a technician at a \u201cSOMALGET processing facility\u201d who bears the same name as a LinkedIn user listing General Dynamics as his employer. Reached for comment, a General Dynamics spokesperson referred questions to the NSA.<\/p>\n<p>According to the NSA documents, MYSTIC targets calls and other data transmitted on \u00a0Global System for Mobile Communications networks \u2013\u00a0the primary framework used for cell phone calls worldwide. In the Philippines, MYSTIC collects \u201cGSM, Short Message Service (SMS) and Call Detail Records\u201d via access provided by a \u201cDSD asset in a Philippine provider site.\u201d (The DSD refers to the Defence Signals Directorate, an arm of Australian intelligence. The Australian consulate in New York declined to comment.) The operation in Kenya is \u201csponsored\u201d by the CIA, according to the documents, and collects \u201cGSM metadata with the potential for content at a later date.\u201d The Mexican operation is likewise sponsored by the CIA. The documents don\u2019t say how or under what pretenses the agency is gathering call data in those countries.<\/p>\n<p>In the Bahamas, the documents say, the NSA intercepts GSM data that is transmitted over what is known as the \u201cA link\u201d\u2013or \u201cA interface\u201d\u2013a core component of many mobile networks. The A link transfers data between two crucial parts of GSM networks \u2013\u00a0the base station subsystem, where phones in the field communicate with cell towers, and the network subsystem, which routes calls and text messages to the appropriate destination. \u201cIt\u2019s where all of the telephone traffic goes,\u201d says the former engineer.<\/p>\n<p>Punching into this portion of a county\u2019s mobile network would give the NSA access to a virtually non-stop stream of communications. It would also require powerful technology.<\/p>\n<p>\u201cI seriously don\u2019t think that would be your run-of-the-mill legal interception equipment,\u201d says the former engineer, who worked with hardware and software that typically maxed out at 1,000 intercepts. The NSA, by contrast, is recording and storing tens of millions of calls \u2013 \u201cmass surveillance,\u201d he observes, that goes far beyond the standard practices for lawful interception recognized around the world.<\/p>\n<p>The Bahamas Telecommunications Company did not respond to repeated phone calls and emails.<\/p>\n<p>If the U.S. government wanted to make a case for surveillance in the Bahamas, it could point to the country\u2019s status as a leading haven for tax cheats, corporate shell games, and a wide array of black-market traffickers. The State Department considers the Bahamas both a \u201cmajor drug-transit country\u201d and a \u201cmajor money laundering country\u201d (a designation it shares with more than 60 other nations, including the U.S.).\u00a0According to the International Monetary\u00a0Fund, as of 2011 the Bahamas was home to 271 banks\u00a0and trust companies with active licenses. At the time, the Bahamian\u00a0banks held $595 billion in U.S. assets.<\/p>\n<p>But the NSA documents don\u2019t reflect a concerted focus on the money launderers and powerful financial institutions \u2013\u00a0including numerous Western banks \u2013\u00a0that underpin the black market for narcotics in the Bahamas. Instead, an internal NSA presentation from 2013 recounts with pride how analysts used SOMALGET to locate an individual who \u201carranged Mexico-to-United States marijuana shipments\u201d through the U.S. Postal Service.<\/p>\n<div id=\"attachment_43223\" style=\"width: 710px\" class=\"wp-caption aligncenter\"><a href=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/marijuana-nsa-mystic-bahamas.jpg\" ><img loading=\"lazy\" decoding=\"async\" aria-describedby=\"caption-attachment-43223\" class=\"size-full wp-image-43223\" src=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/marijuana-nsa-mystic-bahamas.jpg\" alt=\"A slide from a 2013 NSA Special Source Operations presentation\" width=\"700\" height=\"525\" srcset=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/marijuana-nsa-mystic-bahamas.jpg 700w, https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/marijuana-nsa-mystic-bahamas-300x225.jpg 300w\" sizes=\"auto, (max-width: 700px) 100vw, 700px\" \/><\/a><p id=\"caption-attachment-43223\" class=\"wp-caption-text\">A slide from a 2013 NSA Special Source Operations presentation<\/p><\/div>\n<p>The presentation doesn\u2019t say whether the NSA shared the information with the DEA. But the drug agency\u2019s Special Operations Divison has come under fire for improperly using classified information obtained by the NSA to launch criminal investigations \u2013\u00a0and then creating false narratives to mislead courts about how the investigations began. The tactic \u2013\u00a0known as parallel construction \u2013\u00a0was <a target=\"_blank\" href=\"http:\/\/www.reuters.com\/article\/2013\/08\/05\/us-dea-sod-idUSBRE97409R20130805\" >first reported by Reuters last year<\/a>, and is now <a target=\"_blank\" href=\"http:\/\/www.usatoday.com\/story\/news\/nation\/2013\/08\/05\/justice-dea-special-operations-shield\/2620439\/\" >under investigation by the Justice Department\u2019s inspector general<\/a>.<\/p>\n<p>So: Beyond a desire to bust island pot dealers, why would the NSA choose to apply a powerful collection tool such as SOMALGET against the Bahamas, which poses virtually no threat to the United States?<\/p>\n<p>The answer may lie in a document that characterizes the Bahamas operation as a \u201ctest bed for system deployments, capabilities, and improvements\u201d to SOMALGET. The country\u2019s small population \u2013\u00a0fewer than 400,000 residents \u2013\u00a0provides a manageable sample to try out the surveillance system\u2019s features. Since SOMALGET is also operational in one other country, the Bahamas may be used as a sort of guinea pig to beta-test improvements and alterations without impacting the system\u2019s operations elsewhere.<\/p>\n<p>\u201cFrom an engineering point of view it makes perfect sense,\u201d says the former engineer. \u201cAbsolutely.\u201d<\/p>\n<p>Beyond the Bahamas, the other countries being targeted by MYSTIC are more in line with the NSA\u2019s more commonly touted priorities. In Kenya, the U.S. works closely with local security forces in combating the militant fundamentalist group Al-Shabab, based in neighboring Somalia. In the Philippines, the U.S. continues to support a bloody shadow war against Islamist extremists launched by the Bush administration in 2002. Last month, President Barack Obama visited Manila to sign a military pact guaranteeing that U.S. operations in Southeast Asia will continue and expand for at least another decade.<\/p>\n<p>Mexico, another country targeted by MYSTIC, has received billions of dollars in police, military, and intelligence aid from the U.S. government over the past seven years to fight the war on drugs, a conflict that has left more than 70,000 Mexicans dead by some estimates. Attorney General Eric Holder has described Mexican drug cartels as a U.S. \u201cnational security threat,\u201d and in 2009, then-CIA director Michael Hayden said the violence and chaos in Mexico would soon be the second greatest security threat facing the U.S. behind Al Qaeda.<strong>\u00a0<\/strong><\/p>\n<div id=\"attachment_43224\" style=\"width: 668px\" class=\"wp-caption aligncenter\"><a href=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/mexico-mobile-nsa-mystic-bahamas.jpg\" ><img loading=\"lazy\" decoding=\"async\" aria-describedby=\"caption-attachment-43224\" class=\"size-full wp-image-43224\" src=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/mexico-mobile-nsa-mystic-bahamas.jpg\" alt=\"Photo credit: Marcelo A. Salinas\/MCT\/Zumapress.com\" width=\"658\" height=\"477\" srcset=\"https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/mexico-mobile-nsa-mystic-bahamas.jpg 658w, https:\/\/www.transcend.org\/tms\/wp-content\/uploads\/2014\/05\/mexico-mobile-nsa-mystic-bahamas-300x217.jpg 300w\" sizes=\"auto, (max-width: 658px) 100vw, 658px\" \/><\/a><p id=\"caption-attachment-43224\" class=\"wp-caption-text\">Photo credit: Marcelo A. Salinas\/MCT\/Zumapress.com<\/p><\/div>\n<p>The legality of the NSA\u2019s sweeping surveillance in the Bahamas is unclear, given the permissive laws under which the U.S intelligence community operates. Earlier this year, President Obama <a target=\"_blank\" href=\"http:\/\/www.whitehouse.gov\/the-press-office\/2014\/01\/17\/presidential-policy-directive-signals-intelligence-activities\" >issued a policy directive<\/a> imposing \u201cnew limits\u201d on the U.S. intelligence community\u2019s use of \u201csignals intelligence collected in bulk.\u201d In addition to threats against military or allied personnel, the directive lists five broad conditions under which the agency would be permitted to trawl for data in unrestricted dragnets: threats posed by foreign powers, terrorism, weapons of mass destruction, cybersecurity, and \u201ctransnational criminal threats, including illicit finance and sanctions evasion.\u201d<\/p>\n<p>SOMALGET operates under <a target=\"_blank\" href=\"http:\/\/www.archives.gov\/federal-register\/codification\/executive-order\/12333.html\" >Executive Order 12333<\/a>, a Reagan-era rule establishing wide latitude for the NSA and other intelligence agencies to spy on other countries, as long as the attorney general is convinced the efforts are aimed at gathering foreign intelligence. In 2000, the <a target=\"_blank\" href=\"http:\/\/www.fas.org\/irp\/nsa\/standards.html\" >NSA assured Congress<\/a> that all electronic surveillance performed under 12333 \u201cmust be conducted in a manner that minimizes the acquisition, retention, and dissemination of information about unconsenting U.S. persons.\u201d In reality, many legal experts point out, the lack of judicial oversight or criminal penalties for violating the order render the guidelines meaningless.<\/p>\n<p>\u201cI think it would be open, whether it was legal or not,\u201d says German, the former FBI agent. \u201cBecause we don\u2019t have all the facts about how they\u2019re doing it. For a long time, the NSA has been interpreting their authority in the broadest possible way, even beyond what an objective observer would say was reasonable.\u201d<\/p>\n<p>\u201cAn American citizen has Fourth Amendment rights wherever they are,\u201d adds Kurt Opsahl, an attorney with the Electronic Frontier Foundation. \u201cNevertheless, there have certainly been a number of things published over the last year which suggest that there are broad, sweeping programs that the NSA and other government agencies are doing abroad that sweep up the communications of Americans.\u201d<\/p>\n<p>Legal or not, the NSA\u2019s covert surveillance of an entire nation suggests that it will take more than the president\u2019s tepid \u201climits\u201d to rein in the ambitions of the intelligence community. \u201cIt\u2019s almost like they have this mentality \u2013\u00a0if we can, we will,\u201d says German. \u201cThere\u2019s no analysis of the long-term risks of doing it, no analysis of whether it\u2019s actually worth the effort, no analysis of whether we couldn\u2019t take those resources and actually put them on real threats and do more good.\u201d<\/p>\n<p>It\u2019s not surprising, German adds, that the government\u2019s covert program in the Bahamas didn\u2019t remain covert. \u201cThe undermining of international law and international cooperation is such a long-term negative result of these programs that they had to know would eventually be exposed, whether through a leak, whether through a spy, whether through an accident,\u201d he says. \u201cNothing stays secret forever. It really shows the arrogance of these agencies \u2013 they were just going to do what they were going to do, and they weren\u2019t really going to consider any other important aspects of how our long-term security needs to be addressed.\u201d<\/p>\n<p><em>Documents published with this article:<\/em><\/p>\n<ul>\n<li><a target=\"_blank\" href=\"https:\/\/firstlook.org\/theintercept\/document\/2014\/05\/19\/somalget-memo\/\" >SOMALGET memo<\/a><\/li>\n<li><a target=\"_blank\" href=\"https:\/\/firstlook.org\/theintercept\/document\/2014\/05\/19\/sidtoday-dea-warfighter\/\" >SIDToday: DEA \u2013 The \u201cOther\u201d Warfighter<\/a><\/li>\n<li><a target=\"_blank\" href=\"https:\/\/firstlook.org\/theintercept\/document\/2014\/05\/19\/sso-dictionary-excerpt\/\" >SSO Dictionary Excerpt<\/a><\/li>\n<li><a target=\"_blank\" href=\"https:\/\/firstlook.org\/theintercept\/document\/2014\/05\/19\/mystic\/\" >MYSTIC<\/a><\/li>\n<li><a target=\"_blank\" href=\"https:\/\/firstlook.org\/theintercept\/document\/2014\/05\/19\/sso-march-14-2013\/\" >SSO March 14, 2013<\/a><\/li>\n<li><a target=\"_blank\" href=\"https:\/\/firstlook.org\/theintercept\/document\/2014\/05\/19\/sso-april-18-2013-whats-new\/\" >SSO April 18, 2013 \u2013 What\u2019s New<\/a><\/li>\n<li><a target=\"_blank\" href=\"https:\/\/firstlook.org\/theintercept\/document\/2014\/05\/19\/sso-may-2-2013\/\" >SSO May 2, 2013<\/a><\/li>\n<li><a target=\"_blank\" href=\"https:\/\/firstlook.org\/theintercept\/document\/2014\/05\/19\/sso-may-3-2013-mystic\/\" >SSO May 3, 2013 \u2013 MYSTIC<\/a><\/li>\n<li><a target=\"_blank\" href=\"https:\/\/firstlook.org\/theintercept\/document\/2014\/05\/19\/sso-may-3-2012\/\" >SSO May 3, 2012<\/a><\/li>\n<li><a target=\"_blank\" href=\"https:\/\/firstlook.org\/theintercept\/document\/2014\/05\/19\/black-budget\/\" >Black Budget<\/a><\/li>\n<\/ul>\n<p>__________________________________<\/p>\n<p><em>Ryan Devereaux is a Brooklyn-based journalist covering national security. His interests include counter-terrorism, drug prohibition and human rights. Ryan\u2019s work has appeared at <\/em><em>The Guardian<\/em><em>, RollingStone.com, <\/em><em>The Nation<\/em><em>, <\/em><em>Democracy Now!<\/em><em>, <\/em><em>The Village Voice<\/em><em> and elsewhere.<\/em><\/p>\n<p><em>Glenn Greenwald is a journalist, constitutional lawyer, commentator, and author of three New York Times best-selling books on politics and law. His fifth book, <\/em><em>No Place to Hide<\/em><em>, about the U.S. surveillance state and his experiences reporting on the Snowden documents around the world, will be released in April 2014. Prior to his collaboration with Pierre Omidyar, Glenn\u2019s column was featured at <\/em><em>Guardian US<\/em><em> and <\/em><em>Salon<\/em><em>. He was the debut winner, along with Amy Goodman, of the Park Center I.F. Stone Award for Independent Journalism in 2008, and also received the 2010 Online Journalism Award for his investigative work on the abusive detention conditions of Chelsea Manning. For his 2013 NSA reporting, he received the Gannett Foundation award for investigative journalism and the Gannett Foundation watchdog journalism award; the Esso Premio for Excellence in Investigative Reporting in Brazil (the first non-Brazilian to win), and the Electronic Frontier Foundation\u2019s Pioneer Award. Along with Laura Poitras, <\/em><em>Foreign Policy<\/em><em> magazine named him one of the top 100 Global Thinkers for 2013. He lives in Rio, Brazil.<\/em><\/p>\n<p><em>Laura Poitras is a documentary filmmaker, journalist, and artist. \u00a0She is currently finishing a trilogy of films about post-9\/11 America. The first film on the Iraq war, <\/em><em>My Country, My Country<\/em><em>, was nominated for an Academy Award. The second film on Guantanamo, <\/em><em>The Oath<\/em><em>, received the Sundance award for cinematography. She is now editing the final film about NSA mass surveillance. In May 2013, she traveled to Hong Kong with Glenn Greenwald to interview Edward Snowden.\u00a0 She has been reporting on Snowden\u2019s disclosures about the NSA for a variety of news outlets, including <\/em><em>The Guardian<\/em><em>, <\/em><em>Der Spiegel<\/em><em>, and <\/em><em>The New York Times<\/em><em>.\u00a0She has taught filmmaking at Duke and Yale Universities. \u00a0Laura is the recipient of a 2012 MacArthur Fellowship, and\u00a0currently lives in Berlin.<\/em><\/p>\n<p><a target=\"_blank\" href=\"https:\/\/firstlook.org\/theintercept\/article\/2014\/05\/19\/data-pirates-caribbean-nsa-recording-every-cell-phone-call-bahamas\/\" >Go to Original \u2013 firstlook.org<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The National Security Agency is secretly intercepting, recording, and archiving the audio of virtually every cell phone conversation on the island nation of the Bahamas. According to documents provided by Edward Snowden, the surveillance is part of a top-secret system \u2013 code-named SOMALGET \u2013 that was implemented without the knowledge or consent of the Bahamian government.<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[60],"tags":[],"class_list":["post-43216","post","type-post","status-publish","format-standard","hentry","category-whistleblowing-surveillance"],"_links":{"self":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/posts\/43216","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/comments?post=43216"}],"version-history":[{"count":0,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/posts\/43216\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/media?parent=43216"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/categories?post=43216"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.transcend.org\/tms\/wp-json\/wp\/v2\/tags?post=43216"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}