Edward Snowden and the NSA: Surveillance, Leaks, and Rights

Background of the Issue

This essay reviews the relevant literature to provide background on Edward Snowden and how his high-profile actions adversely affected the work of the National Security Agency (NSA). An analysis of what the NSA was doing prior to the leaks and how it collects intelligence information now is followed by an examination of what Snowden leaked and why. Finally, a discussion of whether the U.S. government violated Snowden's constitutional rights is followed by a summary of the research and important findings in the conclusion.

Beginning in June 2013, Edward Snowden, a computer analyst working for the National Security Agency, began leaking thousands of classified documents. These documents were disclosed to The Guardian and alleged that the NSA routinely gathered telephonic metadata from telecommunications companies, allowing it to scrutinize American citizens' Internet activities (Morrison, 2014). According to Francheschi-Bicchierai (2014), among the thousands of documents Snowden leaked, the secrets most harmful to the NSA included the following:

Secret court orders authorized the NSA to review American citizens' telephone records (Francheschi-Bicchierai, 2014), operating essentially as a domestic intelligence agency (Stein, 2013). Snowden also revealed how the NSA's telephone surveillance program could gather data on Americans' calls, including the numbers dialed, the length of conversations, and the dates on which they occurred (McCarthy, 2013).

The disclosure of PRISM, an NSA initiative to gain direct access to servers at major online providers such as Google, Yahoo, Facebook, Microsoft, and Apple (Francheschi-Bicchierai, 2014). This disclosure generated a flood of criticism from the international community and from citizens of both the U.S. and the U.K. regarding security, privacy, and government spying (Be very afraid, 2013). The PRISM initiative, which enables NSA officials to collect data from these major Internet companies, had been in effect since 2007 as part of the global war on terrorism (Taking liberties in the name of freedom, 2013).

The NSA routinely conducts espionage on foreign countries and world leaders, even those friendly to the United States (Francheschi-Bicchierai, 2014).

The disclosure of XKeyscore, which allows the NSA to determine everything a computer user does online (Francheschi-Bicchierai, 2014).

The NSA's attempts to decode encrypted data and sabotage Internet security (Francheschi-Bicchierai, 2014).

The disclosure that an NSA team of hackers exists and a description of the techniques they use (Francheschi-Bicchierai, 2014).

The NSA had access to Google and Yahoo data centers (Francheschi-Bicchierai, 2014).

The NSA routinely gathers private citizens' text messages (Francheschi-Bicchierai, 2014) and likely has access to audio recordings of telephone calls (Be very afraid, 2013).

The NSA intercepts all telephone calls in Afghanistan and the Bahamas (Francheschi-Bicchierai, 2014).

An NSA program routinely intercepts the emails of non-U.S. persons located outside the United States (Yoo, 2014).

The disclosure of MonsterMind, an NSA cyberattack tool that automatically unleashes a hostile response when network intrusions are detected — a tool that Snowden alleges brought down Syria's Internet service in 2003 (Ackerman, 2014).

Taken together, it is not surprising that the U.S. government wants to apprehend Snowden, who — following an international odyssey in search of asylum (Stein, 2013) — was living in an undisclosed location in Russia temporarily while seeking long-term sanctuary elsewhere (Be very afraid, 2013). U.S. federal prosecutors have charged Snowden with theft of government property and espionage (Be very afraid, 2013), and he has been characterized alternatively as a traitor and even an anarchist (McCarthy, 2013).

NSA Intelligence-Gathering Mission and Authority

Given the clandestine nature of the NSA's mission, it would be disingenuous to claim certainty about how the agency collects intelligence post-Snowden, but its mission today is clearly stated: "The NSA leads the U.S. Government in cryptology that encompasses both Signals Intelligence and Information Assurance (IA) products and services, and enables Computer Network Operations in order to gain a decision advantage for the Nation and our allies under all circumstances" (NSA mission, 2014, para. 2).

Some indication of how the NSA collects intelligence data can be discerned from Executive Order 12333 of December 4, 1981, which created the agency and defined its roles and responsibilities. The NSA Director is tasked with the following:

Collect (including through clandestine means), process, analyze, produce, and disseminate signals intelligence information and data for foreign intelligence and counterintelligence purposes to support national and departmental missions;

Act as the National Manager for National Security Systems as established in law and policy, and in this capacity be responsible to the Secretary of Defense and to the Director of National Intelligence; and

Prescribe security regulations covering operating practices, including the transmission, handling, and distribution of signals intelligence and communications security material within and among the elements under control of the Director of the National Security Agency, and exercise the necessary supervisory control to ensure compliance with those regulations (NSA mission, 2014).

Likewise, the mission of the NSA's Information Assurance division is to "confront the formidable challenge of preventing foreign adversaries from gaining access to sensitive or classified national security information" (NSA mission, 2014, para. 2). The mission of the NSA's Signals Intelligence division is to "collect, process, and disseminate intelligence information from foreign signals for intelligence and counterintelligence purposes and to support military operations" (NSA mission, 2014, para. 3). The NSA emphasizes that the nature of its mission prevents further public disclosure of its intelligence-gathering activities: "The National Security Agency/Central Security Service (NSA/CSS) is a key member of the Intelligence Community and, by its very nature, requires a high degree of confidentiality" (NSA frequently asked questions, 2014).

Despite these limitations, the NSA does describe its current intelligence-gathering activity in general terms:

"The Agency collects, processes, and disseminates intelligence information from foreign electronic signals for national foreign intelligence and counterintelligence purposes and to support military operations. NSA/CSS is also tasked with preventing foreign adversaries from gaining access to classified national security information." (NSA frequently asked questions, 2014, para. 3)

Executive Order 12333 was amended on July 31, 2008 to achieve the following objectives:

Align EO 12333 with the Intelligence Reform and Terrorism Prevention Act of 2004;

Implement additional recommendations of the 9/11 and WMD Commissions;

Further integrate the Intelligence Community and clarify and strengthen the role of the Director of National Intelligence as head of the Community; and

Maintain or strengthen privacy and civil liberties protections (NSA mission, 2014, para. 5).

The NSA maintains that these different intelligence missions are being accomplished in a manner consistent with U.S. laws and the protection of privacy and civil liberties (NSA mission, 2014). Clearly, there are two sides to this issue, which are discussed further below.

Conclusion

The U.S. federal government can stamp "Top Secret" on anything, an action that enables it to operate without transparency and, at times, in extralegal or illegal ways. Critics of these clandestine intelligence-gathering practices argue that the United States is a nation of laws and the government must abide by them just like everyone else. Despite these criticisms, the mission of the National Security Agency demands absolute confidentiality, and Edward Snowden's disclosure of thousands of classified documents must be viewed as a criminal and treasonous act against the interests of the United States. The historical record will ultimately determine whether Snowden is exonerated and even hailed for his actions, but at the time of this writing he remains a fugitive in search of a permanent home — and for good reason. Given the fragile nature of the geopolitical world, it is reasonable to conclude that Snowden's disclosures may have contributed, at least in part, to a diminished capacity for counterterrorism intelligence at a critical moment in global security.