… The document also shows the FBI acts as an intermediary between other agencies and the tech companies, and stresses its reliance on the participation of US internet firms, claiming “access is 100% dependent on ISP provisioning”.
In the document, the NSA hails the Prism program as “one of the most valuable, unique and productive accesses for NSA”.
It boasts of what it calls “strong growth” in its use of the Prism program to obtain communications. The document highlights the number of obtained communications increased in 2012 by 248% for Skype – leading the notes to remark there was “exponential growth in Skype reporting; looks like the word is getting out about our capability against Skype”. There was also a 131% increase in requests for Facebook data, and 63% for Google.
The NSA document indicates that it is planning to add Dropbox as a PRISM provider. The agency also seeks, in its words, to “expand collection services from existing providers”.
The revelations echo fears raised on the Senate floor last year during the expedited debate on the renewal of the FAA powers which underpin the PRISM program, which occurred just days before the act expired.
Senator Christopher Coons of Delaware specifically warned that the secrecy surrounding the various surveillance programs meant there was no way to know if safeguards within the act were working.
“The problem is: we here in the Senate and the citizens we represent don’t know how well any of these safeguards actually work,” he said.
“The law doesn’t forbid purely domestic information from being collected. We know that at least one Fisa court has ruled that the surveillance program violated the law. Why? Those who know can’t say and average Americans can’t know.”
Other senators also raised concerns. Senator Ron Wyden of Oregon attempted, without success, to find out any information on how many phone calls or emails had been intercepted under the program.
When the law was enacted, defenders of the FAA argued that a significant check on abuse would be the NSA’s inability to obtain electronic communications without the consent of the telecom and internet companies that control the data. But the Prism program renders that consent unnecessary, as it allows the agency to directly and unilaterally seize the communications off the companies’ servers.
When the NSA reviews a communication it believes merits further investigation, it issues what it calls a “report”. According to the NSA, “over 2,000 Prism-based reports” are now issued every month. There were 24,005 in 2012, a 27% increase on the previous year.
In total, more than 77,000 intelligence reports have cited the PRISM program.
Jameel Jaffer, director of the ACLU’s Center for Democracy, that it was astonishing the NSA would even ask technology companies to grant direct access to user data.
“It’s shocking enough just that the NSA is asking companies to do this,” he said. “The NSA is part of the military. The military has been granted unprecedented access to civilian communications.
“This is unprecedented militarisation of domestic communications infrastructure. That’s profoundly troubling to anyone who is concerned about that separation.”
A senior administration official said in a statement: “The Guardian and Washington Post articles refer to collection of communications pursuant to Section 702 of the Foreign Intelligence Surveillance Act. This law does not allow the targeting of any US citizen or of any person located within the United States….