Phone call metadata does betray sensitive details about your life
theguardian.com
theguardian.com
Anyway, the only reason they aren't collecting the calls themselves is because the storage required is not yet available, so their begging off about "but we aren't storing the content" is disingenuous. They can, at any moment, capture any call going over the long-distance network (which would include pretty much all cell phone calls) so the only thing they're unable to do is to retroactively listen in on calls. If you are flagged for whatever reason (you know someone who knows someone who knows someone they suspect of sending money to a bad charity), you may well be being monitored.
Given 916.259 hours = 3 TB, 53M / 916.259 = 57 3 TB = 172 TB of data /a day/. And that's just the US. Even if you adjust the average to just one minute a day, you're still looking at 17 TB / day, which should be sorta manageable I reckon.
But it's not just the US. Let's assume they want to track all voice communications globally, rounding it to an even 7 billion, ten minutes a day. I'm counting 3819 TB/day. That's a lotta 3 TB hard drives.
tl;dr: big data is big. disclaimer: I suck at basic arithmetic, I probably made a miscalculation.
"An article by Forbes estimates the storage capacity as between 3 and 12 exabytes in the near term" [1]
You don't need to record all phones in the world if you have the metadata of all calls in the world. The NSA or another spy agency could record only calls that match a given pattern: place from which the call originates, who is being called, time of call, previous calls made or received by the line, when the line or phone was purchased, whether this phone's call patterns resemble another phone's call patterns, etc.
They wouldn't achieve 100% coverage, but efficacy would probably be 99%+.
I would guess the problem with this kind of semi-targeted collection is processing power to decide who is a target and schedule the line taps.
Phone calls are quite low quality audio, but I don't expect the NSA to be limited to consumer grade text-to-speech technology, so at least for calls in some languages, they could store the transcripts forever.
EDIT: Apart from processing power, another expensive problem with such a setup is memory to store the firehose temporarily.
EDIT 2: If you were wondering, 200TB/day would run at $7500 for 50 4TB external hard drives at $150 each, assuming you wanted to use a Backblaze-like setup. In a year, that's $2.7 million. (This doesn't account for redundancy.)
https://docs.google.com/spreadsheet/ccc?key=0AqWtA_3af-R0dE5...
10 minutes per person per day * 8kbps = 600 kB per person per day. 600 kB / person / day * 365 days /year = 214 MB / year.
That's nothing. Consumer flash media is something like $0.30/GB. Let's mark that up 100x because the three letter agency doesn't care about costs and has an inefficient procurement process, so $30/GB.
0.209 GB / year * $30 / GB = $6 per person per year.
There are 300 million people in the US, but phone calls are between at least two parties, so:
300 million people * 0.5 * $6 per person per year = $900 million per year.
You can't even build a mile of highway for that little. Hell, some big cities in the US have a bigger annual deficit than that.
Now, lets take a number, say 4PB/day, or 120 PB/month, say that we put each call to S3, and that each call lasts 2 minutes (on average), so 5x317x30x10^6~ 1.5 Billion puts/month, and lets say 1.5 Million gets, and a full 120PB in/out internal transfer -- that comes to just about 19M USD/Month on S3. That's certainly within NSAs budget -- and Amazon can provide that with a profit margin (assuming, they can, in fact, provide that service).
With local tapping and storage facilities with some mechanism for cache-and-forward including the enduring favorite: a station wagon full of tapes, or perhaps a panel-van full of flash drives, this remains within the realm of possibility.
http://blog.rubbingalcoholic.com/post/52913031241/its-not-ju...
https://www.schneier.com/blog/archives/2013/06/evidence_that...
It seems to depend entirely on the program in question, and the legal authorities for each program.
For foreign intelligence actually collected overseas under EO 12333 they have programs that collect content (e.g. SMS), which have existed in one form or another since the beginnings of the Cold War.
For foreign intelligence conducted on U.S. soil they have to fall within the boundaries of Fourth Amendment reasonable search (and related legal rulings like Smith v. Maryland) so they wouldn't capture content. But on the other hand they can still capture content in targeted fashion against non-U.S. persons in certain scenarios, and that content might itself involve conversations involving a U.S. person and still be a legal search.
Accessibility does, but it has nothing to do with the agency. "Does the government store the content of US calls?" can be answered in the aggregate without reference to specific programs. If the content is there, an agency only has to acquire the authorities required to access what is already there.
So, the question remains: is the content there to access, given proper authorities?
http://www.youtube.com/watch?feature=player_detailpage&v=vIL...
The ARE storing everything. 15 years worth.
I'm going to quote Schneier.
Stop calling it metadata. Call it what cryptographers and security professionals have called it since forever: traffic analysis.
Traffic analysis is a powerful tool by itself. Combined with practically unlimited access to source material, and the ability to unmask almost every communication node, you don't even NEED to care about the contents. Timing, frequency and direction of communication is more than enough.
* http://www.pbs.org/newshour/bb/government_programs-july-dec1...
* http://www.theguardian.com/commentisfree/2013/may/04/telepho...
I'll quote the slip up of Tim Clemente, a former FBI agent:
> All digital communications are uh uh... There's a way to look at digital communications in the past. And I can't go into detail of how that's done or what's done but I can tell you that no digital communication is secure.
The distinction between data and metadata in U.S. law isn't about "metadata" being supposedly less harmful than "data." That has absolutely nothing to do with it. The distinction is based on the 4th Amendment's requirement that people have an expectation of privacy in the information in order for it to be protected. The idea is that if you have to expose certain information to a company in order for the communication to work at all, then you can't expect that information to be private. If you expose it, if you have to expose it, it's not private.
The legal distinction reflects the underlying technical distinctions. You can encrypt a phone conversation, but you can't encrypt the signaling information and still have the system work. You can encrypt the contents of a packet, but you can't do the same for the IP headers. You have to expose this "metadata" in order for modern telephone and IP networks to work as they are currently designed, and it's this exposure that creates the distinction for 4th amendment purposes.
I guess a right to conduct day to day affairs without 3rd and 4th party institutional intervention is harder to reason about.
> I guess a right to conduct day to day affairs without 3rd and 4th party institutional intervention is harder to reason about.
What I find puzzling about this sentence is that we conduct our day to day affairs in a way where 3rd parties are almost always involved, whether you're talking about AT&T, Google, etc. Most people who oppose surveillance want to set up a system where it's okay for AT&T, Google, etc, to be able to track you using metadata, but not okay for the government to do the same.
That proposal might very well be a good idea, but there's simply no way to express that distinction in Constitutional terms. "Private" in the Constitution doesn't mean information is just between you, who you're talking to, and your hundred closest friends working at Google or Facebook.
If people want the interpretation of the 4th amendment to change, it will be a lot easier if these services were actually private: i.e. encrypted content and obfuscated signaling so that third party service providers like AT&T and Google can't use the information for commercial purposes. Then you can make the "expectation of privacy" argument with a straight face.
There is nothing in the 4th Amendment that says anything about an expectation of privacy. Besides phone metadata IS private. It is only shared with the person placing the call, the phone company, and the recipient of the call. It is not publicly available. Just because I share something with someone else does not mean it is no longer private, just that it is private between myself and that other person.
Ignoring the 4th amendment jurisprudence is a double-edged sword, because it allows interpretations of the 4th amendment that are a lot more conservative than the modern "expectation of privacy" formulation. The original intent of the 4th was just to prevent customs searches of your home. Extending it to communications at all was an invention of SCOTUS. Moreover, the interpretation of the word "their" is a challenge. How can Bob and Marie say that AT&T's records about them are "their . . . papers, and effects . . ." when they didn't record that information, they aren't storing that information, and they don't even have access to that information?
No, if you're a privacy advocate, you're far better starting from the "expectation of privacy" springboard than going back to the literal text.
> It is only shared with the person placing the call, the phone company, and the recipient of the call.
The difference between "private" and "public" is a spectrum. On one end of the spectrum are the thoughts in your head. On the other end are thoughts you publish in the NYT. The way the 4th amendment jurisprudence uses the word "private" it means things that are close in the spectrum to the former extreme, not everything that isn't at the latter extreme. Sharing something by publishing it in the NYT means it's not private. So does sharing something with potentially thousands of people at AT&T or Google.
I agree with you on this, but I don't agree that means it is no longer protected by the 4th Amendment. That information is AT&T's "papers and effects", so collecting it without a warrant is a violation of AT&T's 4th Amendment rights, not necessarily Bob and Marie's.
How did you reach that conclusion? I would have thought that if the Founders intended to limit the 4th to "just customs searches" they would have said so?
Given that at the time, there was no electronic communication, it isn't really surprising that the 4th doesn't mention it explicitly, and only mentions "papers".
The Bill of Rights were born of the same environment that gave a specific protection regarding the right to bear arms and regarding the quartering of soldiers in private homes.
They were in many ways a reaction to British actions prior to the American Revolutionary War and not a simple enumeration of rights. Indeed, the Federalists felt the Bill of Rights was self-evident and did not need to be duplicated in that fashion, and they added in a separate Amendment making clear that the fact that these rights were enumerated should not be construed to mean that the list of rights was exhaustive.
Getting back to your question then, the Fourth Amendment was a reaction to British "writs of assistance" that allowed customs inspectors wide-ranging powers of search and seizure to stop New England merchants from smuggling goods.
Indeed, if the writers of the Fourth Amendment had meant to completely foreclose the possibility of government warrantless searches then they would not have inserted the weasel word "reasonable" into its text.
So the good news is that reasonable can change over time to become more restrictive on government's ability to search. The bad news is that until this change actually happens in the courts then it's hard to say specifically that the government is "oppressing the people" just because their lawyers don't agree with your interpretation of the Fourth Amendment.
I don't see how this can work as a distinction between a phone call's metadata and its actual audio content. When I pick up the phone, my phone number and my voice are both conducted over the phone company's network. I have to expose my voice to the network to make the system work.
Digital systems in particular transport copies of bits, and the process by which the copies are made is "inspection" as surely as anything else is; the useful function of the system depends on correct interpretation of the payload bits as much as it does on any of the other bits.
It is your revision from "exposure" to "inspection" that I feel is hair-splitting. It's not even a distinction without a difference. It's a distinction applied to a machine but based on human assumptions about intent. It's anthropomorphizing.
I don't buy the legal justification for the collection of metadata that you describe, and I think that a really honest, thorough application of that line of reasoning would lead us to conclude that no electronically assisted communications have "an expectation of privacy."
I guess that's where we find ourselves, though.
Once this circuit is setup, there's no requirement to actually monitor the electrical signaling on the wire (physically or virtually) until the next out-of-band signal event (e.g. hang-up), just as there's no requirement for UPS to open your box while it's in their possession. Even for virtual circuits you don't need to inspect the data portion of the segment, you need only inspect enough of the header to send it on to the right endpoint.
But either way, even that argument has a bit more nuance; the call metadata was a business record retained by the business itself, not the person. And the person knew the business had these records about them, because the phone company mailed them that metadata every month along with the bill.
So (the argument went) there couldn't be a reasonable expectation of privacy regarding the phone numbers dialed and the call lengths, since the phone company made it quite clear every month that this "metadata" wasn't actually private (to the person) at all.
Unfortunately, the political actors who are the biggest cheerleaders/defenders of total surveillance are also the ones most likely to be in favor of unconstitutionally severe pursuit and punishment of drug growers, in favor of ejecting sick people from the health care system (preferring that they instead die quickly and cheaply), and in favor of publicly shaming abortion patients.
In other words, a result like this is particularly likely to re-enforce existing biases more than anything else. Plenty of Americans will respond to such news by suggesting such data should be used more, not collected less.
But I'm not sure that this article really adds a lot to the discussion with statements like "Owing to the sensitivity of these matters, Mayer explains that the researchers elected not to contact the three participants for confirmation that their inferences were correct"
If they could have correctly identified a drug dealer from a pattern of seemingly innocuous phone calls (and actually validated that they are correct) then this could have been at least vaguely interesting. As it is, the story is "if you've phoned somewhere that deals with MS relapses, we can make a guess that you could have MS". Well thanks, Sherlock.
Why? Because metadata is "data about data", so something is only metadata if there's other data for it to be data about.
The existence of metadata doesn't imply the continued existence of the original data. Just that it has existed.
> Metadata is "data about data"
Just shorten that to "Metadata is data." That's what it is, and always has been. This weird idea that it is some sort of second-class citizen of data is the problem and allows the government to hide behind "it's just metadata": it's still data, and should be treated as such. I wouldn't care if it were an empty file: it's still data, and you still need a warrant or probable cause, not a terrorist witch hunt.
Betcha they collect more than just the raw call metadata, and collect metadata on data connections. From that they can more easily determine the above, since you don't even need to be on a call for a service to connect to the 'net.
https://firstlook.org/theintercept/article/2014/02/10/the-ns...
I think people are starting to get it, though, especially thanks to how creepy targeted advertising is getting on Facebook and the like.
And that's kind of the thing, with all of the data that Facebook had on me, they couldn't figure out to not send me advertisements for skeezy dating services? That's the only solace I take from this story: it sucks that the security services are collecting all of this data, but if I can't do anything about it, it's good to know that they are drinking from a firehose.
There are different kinds of "common knowledge" among different groups of people. What's common knowledge to a person immersed in cyberculture for decades is going to be a world apart from a sales guy.
http://www.usnews.com/opinion/economic-intelligence/2014/02/...