SPYING TIMELINE
Last edited Fri Jul 26, 2013, 01:50 AM - Edit history (1)
Goes back longer than you think.
https://www.eff.org/nsa-spying/timeline
NSA's Expresses Desire to "Live on the Network"
December
(National Security Agency, Transtion 2001.)
In a report about the NSA's mission for the 21st Century, the agency notes: "The volumes of routing of data make indexing and processing nuggets of intelligence information more difficult. To perform both its offensive and defensive mission, NSA must 'live on the network.'"
White House Asks NSA What Could Be Done With More Legal Authority
After 9/11
Four Members of Congress Are Briefed by White House on the Program
Oct 25
(Inspectors General Report, Pg 16.)
The Inspectors General Report states that a month after the Program begins, only four members of Congress are provided a briefing: "On October 25, 2001, White House officials and [NSA Director] Hayden conducted a briefing on the PSP for the Chairman and Ranking Member of the House Permanent Select Committee on Intelligence, Nancy P. Pelosi and Porter J. Goss; and the Chairman and Vice Chairman of the Senate Select Committee on Intelligence, D. Robert Graham and Richard J. Shelby."
OLC Lawyer Yoo Completes Analysis of the Program's Legality
Nov 2
(Inspectors General Report, Pg 16.)
"The first [Department of Justice] Office of Legal Counsel opinion directly supporting the legality of the PSP was dated November 2, 2001, and was drafted by Yoo."
Only One Out of Eleven FISC Judges are Briefed on the Program
January
OLC Lawyer Yoo Writes Second Legal Analysis for Domestic Spying
Oct 11
John Yoo Resigns from Office of Legal Counsel
March
OLC Lawyer Philbin Expresses Concerns to Ashcroft Over Program's Legality
August
OLC Head Goldmith Advises White House Bulk Metata From Internet, One Aspect of the Warrantless Wiretapping Program, Must Cease
Mar 6
(Inspectors General Report, Pg 24)
"On Saturday, March 6, Goldsmith and Philbin, with Comey's concurrence, met with Addington and Gonzales at the White House to convey their conclusions that certain activities in the PSP should cease. According to Goldsmith's notes, Addington and Gonzales 'reacted calmly and said they would get back with us.'" It is later revealed in a June 2013 Washington Post article that the "certain activities" include "e-mail metadata and technical records of Skype calls from data links owned by AT&T, Sprint and MCI, which later merged with Verizon."
Emergency White House Meeting
Mar 10
Memo Changing The Legal Analysis of NSA Domestic Spying Completed
May 6
FISA Court Rules It Will Now Oversee Certain Aspects of Program
Jan 17
(Letter from Attorney General to Sen. Leahy)
In a letter to the Congress on January 17, 2007, then Attorney General Gonzales announces that a judge of the Foreign Intelligence Surveillance Court: "had issued orders authorizing the government to target for collection international communications where there is probable cause to believe one of the communicants is a member or agent of Al Qaeda or an associated terrorist group. As a result of these orders, any electronic surveillance that was occurring as part of the Terrorist Surveillance Program will now be conducted subject to the approval of the Foreign Intelligence Surveillance Court."
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President Bush Determines He Does Not Need to Keep Signing Authorizations for NSA Spying to Continue
Feb 1
(Inspectors General Report, Pg 30)
The President decides not to reauthorize the Presidential Surveillance Program and the final Presidential Authorization expires on February 1, 2007, after FISA court opinion allegedly allows him to continue it indefinitely.
Subpoena Issued to Vice President's Office By Senate Committee
Jun 27
Protect America Act Signed Into Law
Aug 5
Vice President Cheney Answers Senate Subpoena Revealing the Number of Presidential Authorizations of the Program
Aug 20
Director of National Intelligence McConnell Testifies to Congress About the Dragnet Nature of the Program
Sep 20
Director of National Intelligence Mike McConnell Reveals Intercepted Communications Not Miminimzed Adequately
Sep 25
FISA Amendments Act Passes House
Jun 20
Inspectors General Report Released, Finds Program of Little Value, Criticizes Legal Reasoning
Jul 10
(Inspectors General Report)
As the New York Time reports: "On July 10, 2009, the inspectors general from five federal agencies—the Justice Department, the Defense Department, the Central Intelligence Agency, the National Security Agency and the Office of the Director of National Intelligence—released an unclassified report investigating the origins and operations of the Bush administration's warrantless surveillance program."
This timeline extensively quotes from the joint Inspector Generals Report and can be read in full by following the "read more" link.
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Construction of Secret Room in AT&T's San Francisco Facility Begins
January
(Mark Klein's Declaration)
From AT&T whistleblower Mark Klein: "While on the January 2003 tour, I saw a new room being built....The new room was near completion. I saw a workman apparently working on the door lock for the room. I later learned that this new room being built was referred to in AT&T documents as the "SG3 Secure Room." The SG3 Secure Room was room number 641A, and measures approximately 24x48 feet."
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NSA Interviews AT&T Employees For A "Special Job" at AT&T
January
(Mark Klein's Declaration)
Mark Klein's manager at AT&T's San Francisco Folsom Street Facility advises him that the NSA is coming to interview a colleague for a “special job” in the Secret Room.
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AT&T Whistleblower Mark Klein Comes to EFF With Evidence of AT&T's Involvement in NSA Spying
Jan 20
(Kevin Bankston Declaration)
AT&T Technician Mark Klein brings in documents to EFF lawyers detailing the construction of the NSA's secret spying room in AT&T's San Francisco facility. The room contains advanced surveillance technology capable of reading domestic and international communications.
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Attorney General Declares ISPs Immune from Liability
2008
( Attorney General Mukasey's Public Certification)
Attorney General Mukasey invokes the recently-passed Section 802 of the FISA Amendments Act and asserts the retroactive immunity clause to declare that certain ISPs are immune from suit.
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Three NSA Whistleblowers Back EFF's Lawsuit Over Government's Massive Spying Program
Jul 2
NSA Director Hayden Holds Classified Briefing with Congress
Oct 2
Representative Pelosi Sends Letter of Concern to NSA Director Hayden
Oct 11
NSA Director Hayden Responds to Representative Pelosi's Letter
Nov 17
Deputy AG Refuses to Sign Off on Justice Dept. FISA Applications
Late 2001
AT&T Technician Discovers NSA Is Working Inside AT&T Facilities
Summer
Justice Department Hints at Warrantless Wiretapping in Legal Brief
Early 2002
Administration Starts Secretly Approaching Telecom Companies to Participate in NSA's Domestic Spying Program
Mid-Oct
Judge Lamberth Leaves the FISA Court, Replaced by Colleen Kollar-Kotelly
Mid-2002
FISA Judge Complains about NSA; Justice Department Side of Program Briefly Shut Down
Early 2004
Sen. Rockefeller Writes to VP Cheney Questioning Legality of Program. Cheney Does Not Respond
Jul 17
President Bush Signs Order Beginning NSA's Domestic Spying Program
Oct 4
(Bush's Law by Eric Lichtblau)
"Twenty-three days after the Twin Towers fell, President Bush signed off on a secret eavesdropping operation so sensitive that even many of the country's senior national security officials, men and women with highest security clearances in his administration, knew nothing about it."
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Narus Surveillance Equipment Installed in Secret Room
Jan 1
Culture Against Domestic Spying Begins to Shift at the NSA
Sep 12
(Wiebe Declaration, Pg 3)
Ex-NSA Analyst J. Kirk Wiebe recalls: "everything changed at the NSA after the attacks on September 11. The prior approach focused on complying with the Foreign Intelligence Surveillance Act ("FISA"
. The post-September 11 approach was that NSA could circumvent federal statutes and the Constitution as long as there was some visceral connection to looking for terrorists." While another ex-NSA analyst also remembers: "The individual liberties preserved in the US Constitution were no longer a consideration [at the NSA]."
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Hepting v. AT&T Lawsuit Filed
Jan 31
In Hepting v. AT&T, EFF sues the telecommunication giant on behalf of its customers for violating privacy law by collaborating with the NSA's illegal domestic spying program. Evidence in the case includes undisputed evidence provided by former AT&T telecommunications technician Mark Klein showing AT&T has routed copies of Internet traffic to a secret room in San Francisco controlled by the NSA.
READ MORE
Government Officially Intervenes in Hepting v. AT&T
Jun 26
Judge Walker Unseals Certain Documents in Hepting v. AT&T
Oct 1
Notice of Appeal Filed by AT&T and US Government in Hepting v. AT&T
Apr 30
The government and AT&T appeal Judge Vaughn Walker's June 2006 decision rejecting the argument that the state secrets privilege prevented millions of ordinary American from having their day in court.
READ MORE
Judge Walker Rules State Secrets Doesn't Apply to Hepting v. AT&T
Jul 20
Judge Walker of the Northern District Court rejects the government's argument that the lawsuit must be dismissed due to the state secrets privilege .
READ MORE
EFF Files Final Brief in Ninth Circuit in Hepting v. AT&T
Jul 2
EFF Argues Hepting v. AT&T Before Ninth Circuit
Aug 31
Ninth Circuit Dismisses Hepting v. AT&T
Dec 29
Supreme Court Declines to Hear Hepting v. AT&T
Oct 9
The Supreme Court decides not to review EFF's case against AT&T, Hepting v. AT&T, for the telecommunications carrier's role in the NSA domestic spying program. The Supreme Court lets stand a Ninth Circuit decision upholding Congress' grant of "retroactive immunity" to the telecommunications companies, passed as part of the FISA Amendments Act two years after EFF had filed suit against the telecom companies.
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Judge Walker Dismisses Hepting v. AT&T
Jun 3
Judge Walker dismisses dozens of lawsuits against telecommunication companies for their role in illegal domestic surveillance of American citizens, ruling that the companies had immunity from liability under the controversial FISA Amendments Act.
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Opening Brief Filed in Ninth Circuit's Rehearing of Hepting v. AT&T
Dec 8
Government Responds to EFF Opening Brief in Ninth Circuit Hepting v. AT&T Case
May 19
Companies File Response to EFF's Opening Brief in Ninth Circuit Hepting v. AT&T Case
Feb 10
EFF Petitions Supreme Court to Hear Hepting v. AT&T
Mar 30
EFF asks the Supreme Court to review the Ninth Circuit's decision in Hepting v. AT&T. The Ninth Circuit dismissed EFF's lawsuit against telecom companies for their role in the NSA's domestic spying program.
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Judge Walker Hears Hepting v. AT&T Oral Arguments in Northern District of California
Dec 2
Government Files Motion to Dismiss in Jewel v. NSA
Apr 3
Oral Arguments in Jewel v. NSA in the Northern District of California
Jul 15
EFF argues that the lawsuit cannot be dismissed based on the government's blanket secrecy assertion (the state secrets privilege), as made clear in previous court decisions concerning NSA spying and the CIA's special rendition program. EFF also argues that the government is not immune from suit for violating federal wiretapping statutes.
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Judge Walker Dismisses Jewel v. NSA in Northern District of California
Jan 21
EFF Files Appeal of Jewel v. NSA to Ninth Circuit
Mar 19
EFF Argues Jewel v. NSA Before Ninth Circuit
Aug 31
EFF argues that the claims against the government are not "generalized grievances" and that the number of people harmed should have no bearing on whether each individual—whose own communications and communications records are being intercepted and diverted to the government—should be able to sue. On appeal, the government does not seriously defend the District Court’s reasoning but instead renews its old argument that the case should be dismissed based on the state secrets privilege. Click here for a video of the hearing.
READ MORE
Ninth Circuit Reinstates Jewel v. NSA
Dec 29
The Ninth Circuit reverses a decision by the district court that resulted in the case's dismissal, holding that the claims raised in Jewel were not "generalized grievances" but, instead, were the types of claims that were suitable for resolution by the judicial branch.
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Jewel v. NSA Back to District Court: EFF Files Motion for Partial Summary Judgement
Jul 2
Jewel v. NSA Oral Arguments Heard in Northern District Court of California
Dec 14
EFF Files Opening Brief in Jewel v. NSA in Ninth Circuit
Aug 13
EFF points out that three longstanding statutes protect the privacy of Americans' communications from wholesale, unwarranted government surveillance: Title III (The Wiretap Act), the Foreign Intelligence Surveillance Act, and the Stored Communications Act. It also notes that the Constitution forbids such surveillance. Like EFF's earlier case, Hepting v. AT&T, the Jewel case relies in part on the whistleblower evidence uncovered by former AT&T technician, Mark Klein, detailing a secret facility at the Folsom Street office of AT&T in San Francisco where copies of private customer communications are routinely given to the NSA.
READ MORE
James Comey Named Deputy Attorney General
December
Concerns Grow Over the Program in the Justice Department
Early Mar
Attorney General Told to "Just...Sign It"
Oct 5
Addington, Counsel to the VP, Refuses to Allow NSA Lawyers to Read Legal Memo on NSA Program
Dec 8
Jack Goldsmith Becomes Asst Attorney General and Head of the OLC.
Oct 6
Deputy Attorney General Comey Tells Attorney General Ashcroft the Program Might Be Illegal
Mar 4
Attorney General Ashcroft Hospitalized; Comey Takes Over as Acting Attorney General
Mar 5
Deputy Attorney General Comey Tells White House He Will Not Sign Off on Another 45-day Extension of NSA Spying
Mar 10
Alberto Gonzales Attempts to Get Hospitalized Attorney General Ashcroft to Authorize NSA Spying Extension
Mar 10
White House Extends Program Without Justice Department Approval
Mar 11
Deputy Attorney General Comey, Along with Several Top DOJ and FBI Officials, Plan to Resign
Mar 12
Bush Tells Deputy Attorney General Comey to Make the Changes and Stay on; Most of the Program Remains
Mar 12
New York Times Exposes NSA Spying to the Public for the First Time
Dec 16
President Bush Confirms Existence of NSA Spying
Dec 17
New York Times Reveals Some of NSA Spying Activites Are Purely Domestic
Dec 21
New York Times Reveals NSA Spying Program Much Larger Than President Bush Acknowledged
Dec 23
New York Times Reveals Companies Gave Backdoor Access to Their Communications Stream
Dec 23
New York Times Reports NSA Program Leads FBI to Hundreds of Dead-Ends and Innocent Americans
Jan 17
Parts of the Cancelled "Total Information Awareness" Program Quietly Moved into Domestic Spying Program
Late Sep
Congress Passes FISA Amendments Act, Giving Telecom Companies Immunity and Expanding Wiretapping Powers
Jul 9
Attorney General Certifies NSA Program Without Assessing Program's Legality
Mid-Oct
Addington, Counsel to VP, Refuses to Inform Other White House Officials of the Program, Gives Ominous Warning
Oct 15
Three Weeks After the Program is Authorized, Attorney General Ashcroft Asks OLC Lawyer Yoo to Analyze Its Legality for the First Time
Late Oct
USA Today Names the Telecom Companies, Including AT&T, MCI and Sprint, Which Helped in NSA Domestic Spying Program
Feb 5
Government Admits NSA Spying Violated Constitution
Jul 20
Citing Privacy Violations, Government Refuses to Estimate How Many Americans Have Been Spied on Under FISA Surveillance
Jun 18
NSA Starts Construction on Massive Data Center to Hold the World's Intercepted Communications
Jan 6
Protect America Act Passed by House and Senate, Expands President's Wiretapping Abilities
Aug 3
The Bill of Rights, Including the Fourth Amendment, Goes Into Effect
Dec 16
(US Constitution)
The Fourth Amendment reads: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
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