In December, 2005, Tice helped spark a national controversy over claims that the NSA and the DIA were engaged in unlawful and unconstitutional wiretaps on American citizens. He later admitted that he was one of the sources for the 2005 New York Times reporting on the wiretapping activities.[2][3] After speaking publicly about the need for legislation to protect whistleblowers, Tice received national attention as the first NSA-whistleblower in May 2005 before Thomas Andrews Drake, Mark Klein, Thomas Tamm, and Edward Snowden came forward.
In April 2001 Tice reported his suspicions that an Asian-American woman he was working with was a Chinese spy, saying she had voiced sympathies for China, traveled extensively abroad and displayed affluence beyond her means.[4][5] Tice was told his suspicions were unfounded.[4]
After moving to the NSA, Tice continued to report his concerns. In April 2003, he wrote an email to the person at DIA handling his suspicions "questioning the competence of counterintelligence at FBI" and stating that he suspected he was being electronically monitored. According to Tice the DIA told him there was "reason to be concerned" about the female DIA analyst being a spy.[6][7]
Shortly thereafter an NSA security officer ordered Tice to report for a "psychological evaluation", even though he had done so only nine months earlier.[7] The psychologist from the Department of Defense concluded that Tice suffered from psychotic paranoia. In a statement written to the Inspector General, Tice stated that the psychologist "did this even though he admitted that I did not show any of the normal indications of someone suffering from paranoia". Tice said that three other psychiatric evaluations, including two at the NSA, showed he was normal and just two found him mentally unbalanced.[6] Tice would later say that "I knew from that day that my career was over." Tice's security clearance was suspended and he was reassigned to maintaining vehicles in the motor pool for 8 months in what Tice considered "administrative punishment."[7][6]
He had been nominated to receive a medal for work he had done during the Iraq war, but after his clearance was suspended it was withdrawn.[6]
The Pentagon Inspector General's office investigated the NSA for possibly retaliating against Tice. A defense official said Tice seemed 'to have been punished unfairly' and that it appeared he had communicated "substantive concerns". Tice claimed he was "being retaliated against because [he] followed the rules and reported suspicious behavior".[6]
Whistleblower
Tice was dismissed by the NSA in May 2005,[2] just days after publicly urging Congress to pass stronger protections for federal intelligence agency whistleblowers facing retaliation, and claiming that whistleblowers were being punished. In September 2005, the Inspector General issued an unclassified report that found "no evidence" to support Tice's claims.[8]
According to Tice, claims that he had psychological problems are "bunk" and that 'that's the way the NSA deals with troublemakers and whistleblowers'.[9]
In December 2005, Tice alleged that both (NSA) and the DIA were engaged in unlawful and unconstitutional conduct against the American people, sparking a national controversy. Tice stated that the activities involved the Director of the NSA, the Deputies Chief of Staff for Air and Space Operations, and the U.S. Secretary of Defense, and were conducted via very highly sensitive intelligence programs and operations known as special access programs (SAP), more commonly referred to as "black world" programs, or "black ops". Tice was a technical intelligence specialist dealing with SAP programs and operations at both NSA and DIA.[1]
On December 16, the New York Times revealed that the NSA was engaged in a clandestine eavesdropping program that bypassed the secret Foreign Intelligence Surveillance Act (FISA) court. Media reports on January 10, 2006, indicated Tice was a source of the Times leak, which revealed that, under the direction of the White House and without requisite court orders, the NSA has been intercepting international communications to and from points within the United States.[2]
It has been assumed that the problem concerned the electronic surveillance of Americans, but in an interview published 13 January 2006, Tice said:
there's no way the programs I want to talk to Congress about should be public ever, unless maybe in 200 years they want to declassify them. You should never learn about it; no one at the Times should ever learn about these things. But that same mechanism that allows you to have a program like this at an extremely high, sensitive classification level could also be used to mask illegality, like spying on Americans.[11]
In a press release issued by the National Security Whistleblowers Coalition on December 22, 2005,[10] Tice explained the public aspect of his charges, stating that, "As a Signals Intelligence (SIGINT) officer it is continually drilled into us that the very first law chiseled in the SIGINT equivalent of the Ten Commandments (USSID-18) is that Thou shall not spy on American persons without a court order from FISA. This law is continually drilled into each NSA intelligence officer throughout his or her career. The very people that lead the National Security Agency have violated this holyedict of SIGINT".
On December 23, 2005, the Austin American-Statesman reported Tice's allegations that spying on Americans may involve a massive computer system known as ECHELON, which is able to search and filter hundreds of thousands of phone calls and e-mails in seconds.
On January 3, 2006, Tice appeared on the national radio/TV show Democracy Now! and said he wanted to testify before Congress. Tice said "I'm involved with some certain aspects of the intelligence community, which are very closely held, and I believe I have seen some things that are illegal".[12]
On January 5, 2006, The Washington Times reported that Tice wanted to testify before Congress about electronic intelligence programs that he asserted were carried out illegally by the NSA and DIA.[3] "I intend to report to Congress probable unlawful and unconstitutional acts conducted while I was an intelligence officer with the National Security Agency and with the Defense Intelligence Agency," Tice stated in letters, dated December 16, 2005 and disclosed by the New York Times.
In a letter dated January 10, 2006, Renee Seymour, Director of the NSA Special Access Programs Central Office, warned Tice that members of neither the House Permanent Select Committee on Intelligence, nor of the Senate Select Committee on Intelligence had clearance to receive the classified information about the SAP's that Tice was prepared to provide.
In reaction to Tice's claims, Rush Limbaugh and Bill O'Reilly, two prominent figures in conservative media, launched an offensive against his credibility. On his Fox News broadcast of January 11, 2006, O'Reilly said that Tice should be jailed for his whistleblowing activity. But Tice told ABC News that "As far as I'm concerned, as long as I don't say anything that's classified, I'm not worried ... We need to clean up the intelligence community. We've had abuses, and they need to be addressed."
On February 14, 2006, United Press International (UPI) reported Tice testified to the House Government Reform Subcommittee on National Security, Emerging Threats and International Relations that the Special Access Program might have violated millions of Americans' Constitutional rights, but that neither the committee members nor the NSA inspector general had clearance to review the program.[1]
On May 12, 2006, ThinkProgress reported a story by CongressDaily in which Tice was said to be planning an appearance the next week, before the Senate Armed Service Committee, when further revelations would be made about "a different angle" of the NSA's surveillance program.[13] Ultimately this did not occur and it is still unclear why.
On July 26, 2006, he was subpoenaed to appear before a federal grand jury regarding violations of federal law. He stated, "This latest action by the government is designed only for one purpose: to ensure that people who witness criminal action being committed by the government are intimidated into remaining silent".[14]
On January 21 and 22, 2009, Tice appeared on MSNBC's Countdown with Keith Olbermann and stated that while he worked in the NSA, his role was to follow the communications of specific individuals in a program separate from the one that had been previously disclosed. Tice also stated that programs were given dual military and intelligence status so that both types of congressional oversight could be simultaneously denied. Tice said he initially understood that he was to identify the communication methods of journalists (and entire news organizations) so that they could avoid collection. He said it was difficult for him to communicate securely after he became a whistleblower since "I knew all my communications were tapped, my phones, my computer, and I've had the FBI on me like flies".[15]
On the heels of the first Edward Snowden NSA disclosures in 2013, Tice was asked during an interview on All In with Chris Hayes, "What was your experience in trying to blow the whistle from inside the NSA? And does it make you understand why Snowden might have done what he did?" Tice replied,[16]
Oh, absolutely. I learned the hard way, you cannot trust any of the internal supposed mechanisms that are there for oversight. The chain of command, the IG [Inspector General]'s office, even at the DOD IG I found was basically trying to put a knife in my back.
The Whistleblower Protection Act does not apply to the intelligence community. They're exempt from it. And most people in the intelligence community, they don't realize that. So, you can't even go to the Office of Special Counsel because they're exempt from that, too, and the merit system protection board.
So even if you use the whistleblower - intelligence community Whistleblower Protection Act, the only thing that gives you is the right to go to Congress. It doesn't - it doesn't have any teeth there to protect you against retribution from the agency that you're reporting abuse on.
Asked in June 2013 by The Guardian to comment on the early revelations about phone data collection by the NSA, Tice said: "What is going on is much larger and more systemic than anything anyone has ever suspected or imagined ... I figured it would probably be about 2015 [before the NSA had] the computer capacity ... to collect all digital communications word for word ... But I think I'm wrong. I think they have it right now."[17]
Later during the summer of 2013 Tice alleged that during his employment with the NSA, the agency had a program that targeted the phone and computer conversations, word for word,[18] of members of Congress, the Supreme Court, Admirals and Generals, and that the NSA had wiretappedBarack Obama while he was a Senate candidate, saying he had seen and held papers ordering such actions.[19] Tice claimed the surveillance extended to lawyers and law firms, judges (one of whom, Samuel Alito[20] "is now sitting on the Supreme Court ... two are former FISA court judges"), State Department officials, people "in the executive service that were part of the White House", antiwar groups, US companies and banking and financial firms that do international business, NGOs and humanitarian groups such as the Red Cross, and antiwar civil rights groups.[21] In his opinion, this 'wide-ranging' surveillance could offer intelligence agencies 'unthinkable power to blackmail their opponents'.[22] Tice said he was "worried that the intelligence community now has sway over what is going on".[23]
The United States Foreign Intelligence Surveillance Court (FISC), also called the FISA Court, is a U.S. federal court established under the Foreign Intelligence Surveillance Act of 1978 (FISA) to oversee requests for surveillance warrants against foreign spies inside the United States by federal law enforcement and intelligence agencies.
The National Security Agency (NSA) is a national-level intelligence agency of the United States Department of Defense, under the authority of the Director of National Intelligence (DNI). The NSA is responsible for global monitoring, collection, and processing of information and data for foreign and domestic intelligence and counterintelligence purposes, specializing in a discipline known as signals intelligence (SIGINT). The NSA is also tasked with the protection of U.S. communications networks and information systems. The NSA relies on a variety of measures to accomplish its mission, the majority of which are clandestine. The existence of the NSA was not revealed until 1975. The NSA has roughly 32,000 employees.
NSA warrantless surveillance — also commonly referred to as "warrantless-wiretapping" or "-wiretaps" — refers to the surveillance of persons within the United States, including U.S. citizens, during the collection of notionally foreign intelligence by the National Security Agency (NSA) as part of the Terrorist Surveillance Program. In late 2001, the NSA was authorized to monitor, without obtaining a FISA warrant, phone calls, Internet activities, text messages and other forms of communication involving any party believed by the NSA to be outside the U.S., even if the other end of the communication lays within the U.S.
The Terrorist Surveillance Program was an electronic surveillance program implemented by the National Security Agency (NSA) of the United States in the wake of the September 11, 2001 attacks. It was part of the President's Surveillance Program, which was in turn conducted under the overall umbrella of the War on Terrorism. The NSA, a signals intelligence agency, implemented the program to intercept al Qaeda communications overseas where at least one party is not a U.S. person. In 2005, The New York Times disclosed that technical glitches resulted in some of the intercepts including communications which were "purely domestic" in nature, igniting the NSA warrantless surveillance controversy. Later works, such as James Bamford's The Shadow Factory, described how the nature of the domestic surveillance was much, much more widespread than initially disclosed. In a 2011 New Yorker article, former NSA employee Bill Binney said that his colleagues told him that the NSA had begun storing billing and phone records from "everyone in the country."
MAINWAY is a database maintained by the United States' National Security Agency (NSA) containing metadata for hundreds of billions of telephone calls made through the largest telephone carriers in the United States, including AT&T, Verizon, and T-Mobile.
ThinThread was an intelligence gathering project by the United States National Security Agency (NSA) conducted throughout the 1990s. The program involved wiretapping and sophisticated analysis of the resulting data. The program was discontinued three weeks before the September 11, 2001 attacks due to the changes in priorities and the consolidation of U.S. intelligence authority.
James Robert Clapper Jr. is a retired lieutenant general in the United States Air Force and former Director of National Intelligence. Clapper has held several key positions within the United States Intelligence Community. He served as director of the Defense Intelligence Agency (DIA) from 1992 until 1995. He was the first director of defense intelligence within the Office of the Director of National Intelligence and simultaneously the Under Secretary of Defense for Intelligence. He served as the director of the National Geospatial-Intelligence Agency (NGA) from September 2001 until June 2006.
Thomas Tamm is a public defender in Washington County, Maryland. He formerly worked as an attorney in the United States Department of Justice (USDOJ) Office of Intelligence Policy and Review during 2004 when senior Justice officials responded to the warrantless NSA surveillance concerning eavesdropping on U.S. citizens. He was an anonymous whistleblower to The New York Times, making the initial disclosures which led to reporters winning Pulitzer Prizes in 2006. Although Maryland agreed to drop ethics charges against him in 2009 relating to those disclosures, and the USDOJ announced it had dropped its investigation in 2011, the D.C. Office of Bar Counsel announced in January 2016 that it had brought disciplinary charges against Tamm relating to those events. Despite some controversy with respect to politicization of that office and similar charges being brought to silence attorney whistleblowers especially beginning in 2014, Tamm in March 2016 agreed to public censure by the District of Columbia Court of Appeals in order to allow him to proceed with his life and career.
"Stellar Wind" was the code name of a warrantless surveillance program begun under the George W. Bush administration's President's Surveillance Program (PSP). The National Security Agency (NSA) program was approved by President Bush shortly after the September 11, 2001 attacks and was revealed by Thomas Tamm to The New York Times in 2004. Stellar Wind was a prelude to new legal structures that allowed President Bush and President Barack Obama to reproduce each of those programs and expand their reach.
The President's Surveillance Program (PSP) is a collection of secret intelligence activities authorized by the President of the United States George W. Bush after the September 11 attacks in 2001 as part of the War on Terrorism. Information collected under this program was protected within a Sensitive Compartmented Information security compartment codenamed STELLARWIND.
Trailblazer was a United States National Security Agency (NSA) program intended to develop a capability to analyze data carried on communications networks like the Internet. It was intended to track entities using communication methods such as cell phones and e-mail.
The Utah Data Center (UDC), also known as the Intelligence Community Comprehensive National Cybersecurity Initiative Data Center, is a data storage facility for the United States Intelligence Community that is designed to store data estimated to be on the order of exabytes or larger. Its purpose is to support the Comprehensive National Cybersecurity Initiative (CNCI), though its precise mission is classified. The National Security Agency (NSA) leads operations at the facility as the executive agent for the Director of National Intelligence. It is located at Camp Williams near Bluffdale, Utah, between Utah Lake and Great Salt Lake and was completed in May 2014 at a cost of $1.5 billion.
William "Bill" Edward Binney is a former intelligence official with the United States National Security Agency (NSA) and whistleblower. He retired on October 31, 2001, after more than 30 years with the agency.
PRISM is a code name for a program under which the United States National Security Agency (NSA) collects internet communications from various U.S. internet companies. The program is also known by the SIGAD US-984XN. PRISM collects stored internet communications based on demands made to internet companies such as Google LLC under Section 702 of the FISA Amendments Act of 2008 to turn over any data that match court-approved search terms. Among other things, the NSA can use these PRISM requests to target communications that were encrypted when they traveled across the internet backbone, to focus on stored data that telecommunication filtering systems discarded earlier, and to get data that is easier to handle.
Edward Joseph Snowden is an American and naturalized Russian former computer intelligence consultant and whistleblower who leaked highly classified information from the National Security Agency (NSA) in 2013, when he was an employee and subcontractor. His disclosures revealed numerous global surveillance programs, many run by the NSA and the Five Eyes intelligence alliance with the cooperation of telecommunication companies and European governments and prompted a cultural discussion about national security and individual privacy.
The practice of mass surveillance in the United States dates back to wartime monitoring and censorship of international communications from, to, or which passed through the United States. After the First and Second World Wars, mass surveillance continued throughout the Cold War period, via programs such as the Black Chamber and Project SHAMROCK. The formation and growth of federal law-enforcement and intelligence agencies such as the FBI, CIA, and NSA institutionalized surveillance used to also silence political dissent, as evidenced by COINTELPRO projects which targeted various organizations and individuals. During the Civil Rights Movement era, many individuals put under surveillance orders were first labelled as integrationists, then deemed subversive, and sometimes suspected to be supportive of the communist model of the United States' rival at the time, the Soviet Union. Other targeted individuals and groups included Native American activists, African American and Chicano liberation movement activists, and anti-war protesters.
Global surveillance refers to the practice of globalized mass surveillance on entire populations across national borders. Although its existence was first revealed in the 1970s and led legislators to attempt to curb domestic spying by the National Security Agency (NSA), it did not receive sustained public attention until the existence of ECHELON was revealed in the 1980s and confirmed in the 1990s. In 2013 it gained substantial worldwide media attention due to the global surveillance disclosure by Edward Snowden.
Proposed reforms of mass surveillance by the United States are a collection of diverse proposals offered in response to the Global surveillance disclosures of 2013.
U.S. president Barack Obama has received widespread criticism due to his support of government surveillance. President Obama released many statements on mass surveillance as a result.
Global surveillance whistleblowers are whistleblowers who provided public knowledge of global surveillance.
References
1 2 3 "Whistleblower says NSA violations bigger". UPI.com. United Press International. 14 February 2006. Retrieved 9 August 2013. A former NSA employee said Tuesday there is another top-secret surveillance program ongoing that might have violated millions of Americans' Constitutional rights
1 2 3 Ross, Brian (10 January 2006). "NSA Whistleblower Alleges Illegal Spying". ABC News. Retrieved 9 August 2013. The same day the New York Times broke the story of the NSA eavesdropping without warrants, Tice surfaced as a whistleblower in the agency. He told ABC News that he was a source for the Times' reporters.
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