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.[1][2]
NSA employees J. Kirk Wiebe, William Binney, Ed Loomis, and House Permanent Select Committee on Intelligence staff Diane Roark complained to the Department of Defense's Inspector General (IG) about waste, fraud, and abuse in the program, and the fact that a successful operating prototype existed. The complaint was accepted by the IG and an investigation began that lasted until mid-2005 when the final results were issued. The results were largely hidden, as the report given to the public was heavily (90%) redacted, while the original report was heavily classified, thus restricting the ability of most people to see it.
The people who filed the IG complaint were later raided by armed Federal Bureau of Investigation (FBI) agents. While the U.S. government threatened to prosecute all who signed the IG report, it ultimately chose to pursue an NSA Senior Executive Thomas Andrews Drake who helped with the report internally to NSA and who had spoken with a reporter about the project. Drake was later charged under the Espionage Act of 1917. His defenders claimed this was retaliation.[3][4] The charges against him were later dropped, and he agreed to plead guilty to having committed a misdemeanor under the Computer Fraud and Abuse Act, something that Jesselyn Radack of the Government Accountability Project, which helped represent him, called an "act of civil disobedience".[5]
In 2002, a consortium led by Science Applications International Corporation was chosen by the NSA to produce a technology demonstration platform in a contract worth $280 million. Project participants included Boeing, Computer Sciences Corporation, and Booz Allen Hamilton. The project was overseen by NSA Deputy Director William B. Black, Jr., an NSA worker who had gone to SAIC, and then been re-hired back to NSA by NSA director Michael Hayden in 2000.[6][7][8] SAIC had also hired a former NSA director to its management: Bobby Inman.[9] SAIC also participated in the concept definition phase of Trailblazer.[10][11]
The NSA Inspector General issued a report on Trailblazer that "discussed improperly based contract cost increases, non-conformance in the management of the Statement of Work, and excessive labor rates for contractor personnel."[13]
In 2004 the DoD IG report criticized the program (see the Whistleblowing section below). It said that the "NSA 'disregarded solutions to urgent national security needs'" and "that TRAILBLAZER was poorly executed and overly expensive..." Several contractors for the project were worried about cooperating with DoD's audit for fear of "management reprisal." The Director of NSA "nonconcurred" with several statements in the IG audit, and the report contains a discussion of those disagreements.[14]
In 2005, NSA director Michael Hayden told a Senate hearing that the Trailblazer program was several hundred million dollars over budget and years behind schedule.[15] In 2006 the program was shut down[3] after having cost billions of US Dollars.[16] Several anonymous NSA sources told Newsweek later on that the project was a "wasteful failure".[17]
The new project replacing Trailblazer is called Turbulence.[3]
Whistleblowing
According to a 2011 New Yorker article, in the early days of the project several NSA employees met with Diane S Roark, an NSA budget expert on the House Intelligence Committee. They aired their grievances about Trailblazer. In response, NSA director Michael Hayden sent out a memo saying that "individuals, in a session with our congressional overseers, took a position in direct opposition to one that we had corporately decided to follow... Actions contrary to our decisions will have a serious adverse effect on our efforts to transform N.S.A., and I cannot tolerate them."[3]
In September 2002, several people filed a complaint with the Department of Defense IG's office regarding problems with Trailblazer: they included Roark (aforementioned), as well as ex-NSA senior analysts Bill Binney, Kirk Wiebe, and Senior Computer Systems Analyst Ed Loomis, who had all quit the agency over concerns about its mismanagement of acquisition and allegedly illegal domestic spying.[3][18][19] A major source for the report was NSA senior officer Thomas Andrews Drake. Drake had been complaining to his superiors for some time about problems at the agency, and about the superiority of ThinThread over Trailblazer, for example, at protecting privacy.[19] Drake gave info to DoD during its investigation of the matter.[19] Roark also went to her boss at the House committee, Porter Goss, about problems, but was rebuffed.[20] She also attempted to contact William Rehnquist, the Supreme Court Chief Justice at the time.[19]
In 2003, the NSA IG (not the DoD IG)[19] had declared Trailblazer an expensive failure.[15] It had cost more than $1 billion.[8][21][22]
In 2005, the DoD IG produced a report on the result of its investigation of the complaint of Roark and the others in 2002. This report was not released to the public, but it has been described as very negative.[18]Jane Mayer writes that it hastened the closure of Trailblazer, which was at the time in trouble from Congress for being over budget.[3]
In November 2005, Drake contacted Siobhan Gorman, a reporter of The Baltimore Sun.[17][23][24] Gorman wrote several articles about problems at the NSA, including articles on Trailblazer. This series got her an award from the Society of Professional Journalists.[17]
In 2005, President George W. Bush ordered the FBI to find whoever had disclosed information about the NSA electronic surveillance program and its disclosure in the New York Times. Eventually, this investigation led to the people who had filed the 2002 DoD IG request, even though they had nothing to do with the New York Times disclosure. In 2007, the houses of Roark, Binney, and Wiebe were raided by armed FBI agents. According to Mayer, Binney claims the FBI pointed guns at his head and that of his wife. Wiebe said it reminded him of the Soviet Union.[3][18] None of these people were ever charged with any crime. Four months later, Drake was raided in November 2007 and his computers and documents were confiscated.
In 2010 Drake was indicted by the U.S. Department of Justice on charges of obstructing justice, providing false information, and violating the Espionage Act of 1917,[17][25][26] part of President Barack Obama's crackdown on whistleblowers and "leakers".[17][18][23][27] The government tried to get Roark to testify to a conspiracy, and made similar requests to Drake, offering him a plea bargain. They both refused.[3]
In June 2011, the ten original charges against Drake were dropped; instead he pleaded guilty to a misdemeanor.[5]
↑ Greg Miller, Spencer S. Hsu and Ellen Nakashima, with Carol D. Leonnig, Howard Kurtz and staff researcher Julie Tate (April 16, 2010). "Former NSA official allegedly leaked material to media". Washington Post. Retrieved April 17, 2010.{{cite news}}: CS1 maint: multiple names: authors list (link)
The Espionage Act of 1917 is a United States federal law enacted on June 15, 1917, shortly after the United States entered World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18 : 18 U.S.C. ch. 37.
Veteran Intelligence Professionals for Sanity (VIPS) is a group of former officers of the United States Intelligence Community formed in January 2003. In February 2003, the group issued a statement accusing the Bush administration of misrepresenting U.S. national intelligence information in order to push the US and its allies toward that year's US-led invasion of Iraq. The group issued a letter stating that intelligence analysts were not being heeded by policy makers. The group initially numbered 25, mostly retired analysts.
Jesselyn Radack is an American national security and human rights attorney known for her defense of whistleblowers, journalists, and hacktivists. She graduated from Brown University and Yale Law School and began her career as an Honors Program attorney at the U.S. Department of Justice.
In the United States, Office of Inspector General (OIG) is a generic term for the oversight division of a federal or state agency aimed at preventing inefficient or unlawful operations within their parent agency. Such offices are attached to many federal executive departments, independent federal agencies, as well as state and local governments. Each office includes an inspector general and employees charged with identifying, auditing, and investigating fraud, waste, abuse, embezzlement and mismanagement of any kind within the executive department.
Russell D. Tice is a former intelligence analyst for the United States Air Force, Office of Naval Intelligence, Defense Intelligence Agency (DIA), and National Security Agency (NSA).
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.
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 Sam Adams Award is given annually since 2002 to an intelligence professional who has taken a stand for integrity and ethics. The Award is granted by the Sam Adams Associates for Integrity in Intelligence, a group of retired CIA officers. It is named after Samuel A. Adams, a CIA whistleblower during the Vietnam War, and takes the physical form of a "corner-brightener candlestick".
Thomas Andrews Drake is a former senior executive of the National Security Agency (NSA), a decorated United States Air Force and United States Navy veteran, and a whistleblower. In 2010, the government alleged that Drake mishandled documents, one of the few such Espionage Act cases in U.S. history. Drake's defenders claim that he was instead being persecuted for challenging the Trailblazer Project. He is the 2011 recipient of the Ridenhour Prize for Truth-Telling and co-recipient of the Sam Adams Associates for Integrity in Intelligence (SAAII) award.
Turbulence is a United States National Security Agency (NSA) information-technology project started c. 2005. It was developed in small, inexpensive "test" pieces rather than one grand plan like its failed predecessor, the Trailblazer Project. It also includes offensive cyberwarfare capabilities, like injecting malware into remote computers. The U.S. Congress criticized the project in 2007 for having similar bureaucratic problems as the Trailblazer Project.
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.
The Fourth Amendment Protection Acts, are a collection of state legislation aimed at withdrawing state support for bulk data (metadata) collection and ban the use of warrant-less data in state courts. They are proposed nullification laws that, if enacted as law, would prohibit the state governments from co-operating with the National Security Agency, whose mass surveillance efforts are seen as unconstitutional by the proposals' proponents. Specific examples include the Kansas Fourth Amendment Preservation and Protection Act and the Arizona Fourth Amendment Protection Act. The original proposals were made in 2013 and 2014 by legislators in the American states of Utah, Washington, Arizona, Kansas, Missouri, Oklahoma and California. Some of the bills would require a warrant before information could be released, whereas others would forbid state universities from doing NSA research or hosting NSA recruiters, or prevent the provision of services such as water to NSA facilities.
Stop Watching Us was a protest effort against global surveillance that culminated in rallies on October 26, 2013.
Global surveillance whistleblowers are whistleblowers who provided public knowledge of global surveillance.
Diane Roark is an American whistleblower who served as a Republican staffer on the House Intelligence Committee from 1985 to 2002. She was, right after 9/11, "the House Intelligence Committee staffer in charge of oversight of the NSA". In late 2001, Roark was informed by NSA official William Binney about the Bush administration's domestic surveillance programs, including Stellar Wind. Along with Binney, Ed Loomis, and J. Kirk Wiebe, she filed a complaint to the Department of Defense's Inspector General about the National Security Agency's highly classified Trailblazer Project. Her house was raided by armed FBI agents in 2007 after she was wrongly suspected of leaking to The New York Times reporter James Risen and to Siobhan Gorman at The Baltimore Sun in stories about NSA warrantless surveillance. This led her to sue the government in 2012 for not having returned her computer, which they had seized during the raid, and because the government failed to clear her name. The punitive treatment of Roark, Binney, Wiebe, and Loomis, as well as, and, in particular, then still-active NSA executive Thomas Andrews Drake, who had gone in confidence with anonymity assured to the DoD IG, led the Assistant Inspector General John Crane to eventually become a public whistleblower himself and also led Edward Snowden to go public with revelations rather than to report within the internal whistleblower program.
John Crane is a former Assistant Inspector General of the U.S. Department of Defense known for his advocacy on behalf of government whistleblowers. He was fired in 2013 and now works for the Government Accountability Project, a non-governmental whistleblower support organization.
A Good American is a 2015 Austrian documentary film that chronicles the work of whistleblower William Binney, a former official of the National Security Agency who resigned shortly after the September 11 attacks.
John Kirk Wiebe is a former senior intelligence official with the United States National Security Agency and whistleblower on the matter of NSA mass surveillance of Americans. Kirk managed data collection, processing and analysis programs and has criticized the NSA's mass surveillance policies that continue today. Wiebe also agreed with Bill Binney's technical assessment that it was not true that the Russians had hacked the DNC's webserver in 2016.
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