(Updated: Jan 16, 2015)
This is exercise III nigh the High German parliamentary commission which investigates NSA spying activities in addition to the cooperation betwixt NSA in addition to the High German unusual intelligence service BND.
The hearings of a number of BND employees which are summarized below, provided many interesting details nigh BND cable in addition to satellite collection in addition to how these information are selected in addition to filtered in addition to how privacy rights are implemented. This was peculiarly of work organization for the cooperation betwixt NSA in addition to BND inward the Joint SIGINT Activity (JSA).
The witnesses also stated that opposite to the initial press report, nether the articulation functioning Eikonal non a unmarried High German communication was passed on to NSA.
These summaries are based upon transcripts of a alive blog, kept past times volunteers of the High German digital civil rights website Netzpolitik.org, who attended the hearings.
The employees of the BND are designated past times initials, non of their existent names, but of those of the comprehend names they are using when at work(!).
The room where the hearings of the parliamentary commission take away maintain place
(photo: DPA)
20th Meeting, Nov 6, 2014 (Transcript)
- Hearing of the witness Mr. T. B. (BND, caput of the JSA unit of measurement from 2003-2007):
In Bad Aibling, the BND has dishes to intercept satellite communications. When satellite links are intercepted, the next things take away maintain to live done: outset a specific frequency has to live selected, in addition to equally i frequency oft contains multiple channels, these take away maintain to live broken downward (de-multiplexed) into unmarried information streams. Based upon metadata it tin shipping away live decided that sure types of communications are non of involvement for BND.
The side past times side measuring is to split upwards the diverse content encodings, similar for IP-traffic, telephony, fax, etc. This also needs mistake correction, which sometimes is a chip to a greater extent than hard because some communication systems exercise proprietary methods. This results inward information inward a readable or audible format (like an email or a telephone call), which tin shipping away live used to ready an intelligence report. The witness estimates that BND produces around 20 reports a day.
For processing, filtering in addition to selecting commercial estimator systems were used, equally wel equally systems that were custom made past times NSA. The Americans were ahead of BND inward this, non necessarily better, but oft simply inward doing more, or faster, similar inward analysing signals.
Compare: the information flow at NSA, according to a presentation
from the NSA's European Cryptologic Center (ECC)
(Click to enlarge)
Mass surveillance?
The witness stated that at that topographic point was in addition to is no volume surveillance past times BND. Mass surveillance is fifty-fifty to a greater extent than hard for fiber optic cables than for satellite links. If at that topographic point would live whatever volume surveillance for the latter, so this should involve some 300 communications satellites, for which at that topographic point should live set down stations at at to the lowest degree iii places around the world.
There you lot would demand 250 satellite dishes of 10 1000000 euros each to have the upwards to 500 frequencies per satellite. For each frequency 2 modems in addition to converters were needed, in addition to alongside the necessary processing capacity, this would require a nuclear ability found for electricity.
Mass surveillance on cable traffic could in all likelihood only live done alongside the capacity of the American, Russian in addition to Chinese intelligence agencies combined. For BND, volume surveillance would drown the agency inward data. The witness had never witnessed whatever form of economical espionage past times NSA inward Germany. But he had to acknowledge that non everything was talked about.
Joint SIGINT Activity (JSA)
NSA's Bad Aibling Station was scheduled for closure inward 2002, but after 9/11 this was postponed to 2004, in addition to peradventure this led to the creation of the JSA. In the Joint SIGINT Activity, NSA in addition to BND cooperated inward collecting both satellite in addition to cable communications.
The JSA was located at the Mangfall Barracks inward Bad Aibling. In 2002, this military machine complex however had a chemical compound of the Bundeswehr, where you lot had to become through to attain the BND section. The Bundeswehr left these barracks past times the terminate of 2002, in addition to NSA went to a novel edifice nicknamed the Tin Can (Blechdose).
The chemical compound had iii sections: i for Germans only, i for USA persons only in addition to i mutual section. The collection of information took house inward the mutual section, in addition to the exits were strictly monitored, so NSA had no access to High German sources on its own, although at that topographic point weren't every twenty-four hours checks on people carrying pollex drives.
BND personnel had no access to NSA databases in addition to vice versa, but both had access to articulation databases. NSA had also some contractors working there. JSA was connected to NSANet, simply similar NSA's European Security Operations Center (ESOC, straight off the European Cryptologic Center (ECC)) nigh Darmstadt.
Until 2007 only cable traffic from Frankfurt was passed on to JSA, non from other meshing cables. Satellite traffic intercepted past times the BND antennas inward Bad Aibling was in all likelihood also transferred to JSA, where it was processed in addition to analysed inward the involvement of both NSA in addition to BND.
After the Joint SIGINT Activity (JSA) was closed inward 2012, the logical path over the physical cables betwixt BND headquarters in addition to Bad Aibling was in all likelihood cutting off. After 2012, BND continued to cooperate alongside NSA inward the champaign of satellite interception in addition to operations inward Afghanistan.
Google Maps take in of the Mangfall Barracks inward Bad Aibling, Germany.
The edifice inward the upper left corner could live the BND facility,
in addition to the i alongside the white roof the NSA's "Tin Can".
Protection of High German data
BND did everything to preclude that communications of High German citizens or corporations were collected and/or passed on to NSA. Initially, 4 out of v selectors came from the Americans, the residual were German. The witness did non know the total number of selectors. These selectors were checked earlier they were fed into the collection system, in addition to what came out was in i trial again checked whether it contained High German communications.
The selectors from NSA were outset checked past times the Americans inward the Tin Can at the Mangfall Barracks in addition to so passed on to a unit of measurement of the technical partition (which included lawyers) of BND at its so headquarters inward Pullach. H5N1 terminal depository fiscal establishment check was conducted past times BND personnel inward Bad Aibling. Only nigh i permille of the selectors were rejected because they were related to Germans or opposite to High German interests.
Filtering out High German data
This filtering industrial plant fine, but sense inward Bad Aibling has learned that it is non possible to arrive at this fully automated. Therefore, at that topographic point was no automatic forwarding to NSA. H5N1 100% accurate filtering was only possible alongside a terminal alternative past times hand. As far equally the witness was aware of, non a unmarried High German communication was passed on to NSA.
In the press report nigh functioning Eikonal it was said that the filter arrangement could only filter out 95% of High German communications, but according to the witness, this was only during the seek out period. When the arrangement went live, this per centum rose to 99% alongside a 2nd phase that could filter out fifty-fifty to a greater extent than than 99%. When necessary, a terminal depository fiscal establishment check was conducted past times hand.
Especially email addresses take away maintain to live checked past times hand, because nowadays it's much to a greater extent than hard to attribute such meshing communications to specific countries. During the seek out period, nigh 3000 communications had to live checked past times hand, 300 of which were e-mails. BND didn't collect information from USA citizens or passed these on to NSA, so NSA did non exercise BND to acquire information that it wasn't allowed to collect past times itself (Ringtausch).
The witness suggested that Süddeutsche Zeitung (the media that claimed that the BND filters wouldn't go in addition to High German information was forwarded to the NSA) had documents of conversations betwixt BND in addition to NSA, inward which peradventure BND made "political statements" nigh the efficiency of the filters.
(This could explicate the discrepancy betwixt the press reports in addition to the BND witnesses, who all assured that the filter worked, in addition to alongside additionally manual checks non a unmarried High German information was forwarded to NSA)
The witness clearly stated that High German G-10 Act only protects Germans in addition to people living inward Germany. The privacy of foreigners living abroad is non protected past times High German law.
Operations oculus room inward the onetime BND headquarters inward Pullach
(Screenshot from ARD tv - Click to enlarge)
- Hearing of Ms. G. L. (BND, caput of information technology evolution in addition to operations at JSA from 2007-2008):
This witness is responsible for databases that shop information after having been collected in addition to filtered. These databases are at diverse locations. Currently, betwixt 8.000 in addition to 10.000 pieces of content alongside some additional information (Meldungen) come upwards inward each month, oft but non e'er accompanied past times metadata.
Joint SIGINT Activity (JSA)
Each unit of measurement of BND's analysis partition (Auswertung) could asking intelligence information from the JSA. They could propose specific selectors to live tasked or articulate what their information needs were. Ultimate destination was to introduce relevant information for the federal government. BND sees itself equally a service provider for customers inward the government.
In 2005/2006 the alternative procedure was fully automated. The witness couldn't recall how many selectors were used inward her catamenia at JSA. These numbers were also non registered. NSA was non able to acquire whatever High German communications earlier these were thoroughly filtered in addition to checked past times BND. An email that was selected, could live forwarded to NSA through a secured gateway. There was only access to local databases, non to those of NSA.
NSA employees working for JSA were non recognizable equally such, they simply had ID cards for the compound, issued past times the safety unit of measurement that was responsible for access command of the premises. The Tin Can edifice also housed SUSLAG (Special USA Liaison Activity, Germany), which was a split upwards unit, unlike from JSA.
Header of a newsletter from the Joint SIGINT Activity (JSA)
(Click for a JSA newsletter (pdf) from 2007)
Operation Eikonal
The witness confirmed that inward Frankfurt fiber optic cables were intercepted (operation Eikonal), although without mentioning whether this was at DE-CIX or somewhere else. She wouldn't respond the interrogation whether BND is however doing this.
The information collected inward Frankfurt were outset sent to BND headquarters in addition to so to Bad Aibling, where they were filtered past times selectors from both NSA in addition to BND. After the cooperation alongside NSA was ended, the transmission to Bad Aibling was cutting off.
Legal issues
The witness was responsible for the implementation of the Federal Intelligence Service Act (BND Gesetz), which governs the activities of this agency. As such, she had the thought that satellite interception conducted inward Bad Aibling also took house nether this act, but the Director of BND overruled her, maxim this was non the case.
The BND administration said: this form of collection takes house inward outer space, in addition to so High German police doesn't apply. But apart from that, employees should e'er apply alongside police in addition to order. Once information collected from satellite links had been stored inward BND databases, they autumn nether the High German Data Protection Act (Bundesdatenschutzgesetz) though.
(In general, most of these witnesses didn't knew much nigh topics that are non related to their ain duties. They also showed rattling lilliputian involvement inward the Snowden-revelations. This mightiness live from a mutual mental attitude inward the intelligence world: the less you lot know, the less you lot tin shipping away (accidently) give away)
22th Meeting, Nov 13, 2014 (Transcript)
- Hearing of the witness Mr. W. K. (BND, sub-division director inward the Signals Intelligence division):
The witness stated that BND is definitely non comparable alongside the onetime East High German Stasi in addition to that BND only collects what is necessary for fulfilling the information demand of the federal government.
Today, mainly fiber optic cables are intercepted, but non everything that flows through, only specific information channels are selected, or inward instance of satellite links: specific frequencies. Asked nigh the Snowden-revelations, the witness said that he was surprised past times how closed the Five Eyes partners are cooperating.
Tapping meshing cables
There are search profiles in addition to criteria according to which specific information flows are selected inward a rattling focussed way. The outset alternative is of a route betwixt 2 places (like from Transitional Islamic State of Afghanistan to Pakistan), so a specific fiber optic cable is chosen.
These are human decisions, based upon where a cable is located, past times which fellowship it is operated in addition to where it's most useful to tap it. Picking a specific cable is also discussed alongside the provider, alongside some of them this is easier than alongside others.
Because meshing traffic travels over many unlike routes, picking specific cables, agency that a lot of communications cannot live collected. This is taken for granted equally BND doesn't desire to collect everything. Sometimes multiple routes are selected for interception, but non always.
According to the witness, BND doesn't supply unusual intelligence agencies access to cables. No raw information are transferred to unusual agencies, only terminate reports.
In some cases, meshing information take away maintain to live converted into a readable format. This sometimes agency dandy encryption, consisting either of complex algorithms or proprietary methods. This tin shipping away live done on the traffic equally it flows past, or alongside information after having been stored inward databases.
Filtering
The side past times side measuring is filtering the information through selectors. This is done past times a estimator system, for which the information flow may live buffered for a few milliseconds. The amount of information flowing through these filter systems isn't counted past times BND. Filtering past times selectors is done equally closed to the actual tapping betoken equally possible.
The selectors are chosen based upon the information needs in addition to a laid of criteria, which inward combination preclude that communications of innocent people are touched. The results went to the (then) BND headquarters inward Pullach over leased cables. The number of information forwarded to Pullach is non registered, it depends upon the costs of the capacity for transmission.
The constitutionally guaranteed Privacy of Correspondence tin shipping away take away maintain consequence on each of these alternative stages: for representative no cables are chosen that start in addition to terminate inward Germany, in addition to no selectors belonging to Germans are used.
Data of Germans are currently filtered out past times a arrangement called DAFIS, which succeeded a BSI-certified filter arrangement that was used since the 1990s. Data from High German citizens in addition to High German companies (Grundrechtsträgern) are deleted.
After information take away maintain been selected, they are pulled out based upon their relevance in addition to go analysts tin shipping away exercise them at a sure instant to write an intelligence report, of which to a greater extent than or less 20 a twenty-four hours are produced.
Operation Eikonal
Regarding the articulation NSA-BND functioning Eikonal, the witness said that at that topographic point was no massive scale surveillance of High German citizens alongside information forwarded to NSA. Under Eikonal, which was a i of a form operation, at that topographic point was targeted collection from traffic that transited FRG from i unusual province to another.
This was focussed on Transitional Islamic State of Afghanistan in addition to anti-terrorism. Selected information were collected in addition to forwarded to NSA. The witness would give to a greater extent than details only behind closed doors, because BND is however using these methods. The internal codename for Eikonal was Karat, but that call wasn't shared alongside NSA. There was fifty-fifty a 3rd codename. Eikonal was tested during a few months (early 2006?), during which catamenia no information were shared alongside NSA.
For Germany, Eikonal was useful because it provided unusual intelligence for protecting High German troops in addition to countering terrorism. The NSA provided amend technical equipment that BND didn't had. In return, BND provided NSA alongside information collected from transit traffic using search profiles nigh Transitional Islamic State of Afghanistan in addition to anti-terrorism. BND was asked to cooperate because NSA isn't able to arrive at everything themselves.
What was collected nether Eikonal was far less than the 500 1000000 metadata a calendar month equally shown inward the High German BOUNDLESSINFORMANT chart. Actual collection only led to a few hundred selected contents (in German: Daten, similar telephone calls or e-mails) a year, which was a huge disappointment for NSA. Nothing that was worth spell came out anymore, opposite to the expectations when the functioning was laid up.
This, combined alongside the fact that it proved to live impossible to 100% guarantee that no High German information were collected in addition to forwarded, led BND to terminate the program. As a "compensation" for NSA, a articulation projection inward a province exterior Europe was planned. In crisis regions, the BND is however cooperating alongside NSA, which provides "huge benefits" for the Germans, according to the witness.
The witness wouldn't say anything nigh whether BND was tapping into the Frankfurt meshing telephone commutation DE-CIX, but subsequently on he said that functioning Eikonal involved simply i telecommunication provider.
(These form of indications past times some of the witnesses eventually led the Committee to conclude that functioning Eikonal was genuinely nigh tapping i unmarried cable of Deutsche Telekom, instead of the DE-CIX telephone commutation equally a whole, equally the initial study past times Süddeutsche Zeitung said. More nigh this later)
Things the BND learned from the Eikonal-cooperation were:
1. How the technique worked, which is straight off used for ain operations outside, in addition to collection efforts within Germany
2. It is non possible to deport 100% automated filtering. This wouldn't live done anymore.
Filtering through selectors
For Eikonal, the cable traffic was filtered past times using selectors provided past times both NSA in addition to BND. H5N1 BND unit of measurement which included lawyers checked for every selector from the NSA whether it was legal in addition to according to the goals of the cooperation. Besides High German interests, also the interests of friendly countries were taken into account. Only a few selectors were rejected, but it wasn't told to NSA which ones. They were simply non entered into the filtering system.
Selectors include non simply telephone numbers in addition to email addresses, but also MAC addresses, which take away maintain no province identifier. Although at that topographic point may take away maintain been upwards to several hundred thoused selectors, BND was however able to depository fiscal establishment check whether every unmarried i was appropriate, this past times using special criteria. Only selectors that tin shipping away live checked are used.
Besides Eikonal, BND also taps into cables of multiple other communication providers, but this is within the proper legal framework, approved past times the G-10 Committee. For this, at that topographic point is dedicated hardware equipment inward the edifice of the provider, inward accordance alongside the regulations of the federal communications authorisation (Bundesnetzagentur). This hardware is installed at the betoken where the cable is tapped.
Screenshot from NSA's BOUNDLESSINFORMANT tool, showing the number of foreign
metadata that BND collected inward crisis regions in addition to shared alongside NSA
(Click to enlarge)
Telephony metadata
According to the witness, i telephone phone telephone creates betwixt thirty in addition to 50 metadata, which includes non only fourth dimension in addition to number but also a lot to a greater extent than technical data. With the given number of users inward a crisis zone, this easily adds upwards to billions of metadata. But non all these take away maintain to live collected (erfasst); less than i percent tin shipping away genuinely live pulled in. This is no volume surveillance without a reasonable set down (anlasslose Massenüberwachung). The witness assumes that NSA in addition to GCHQ operate inward a similar way equally the BND.
The over 500 1000000 metadata records from the Germen BOUNDLESSINFORMANT chart were most sure from Afghanistan, to a greater extent than exactly from satellite communication links betwixt 2 unusual countries inward crisis regions. According to the witness this huge number of metadata for a unmarried calendar month is quite normal.
It could live that these numbers are collected upwards to today, although he isn't sure nigh that. BND isn't counting every unmarried exercise of metadata, equally NSA is patently doing in addition to which leads to those huge numbers.
XKeyscore
BND got the XKeyscore computer program from NSA, which is only used to analyse information that are already collected. BND didn't had such a tool before. Unlike NSA, which uses Xkeyscore equally federated query system, BND uses it equally a stand-alone arrangement for analysis. The actual collection systems of BND are antennas in addition to outposts (Aussenstellen).
The witness doesn't know how many servers BND purchased for XKeyscore. Presently, BND uses XKeyscore only for traffic that is intercepted from satellite links, patently because the arrangement isn't (yet) certified for filtering out communications of High German citizens. BND got no software programs from NSA for profiling or for decrypting data.
Legality
Personal information are only those information that tin shipping away live related to specific persons. For High German information it is slow to retrieve the identity behind sure metadata, but for unusual metadata this is much to a greater extent than hard in addition to hence those metadata are non seen equally personally identifiable information.
The witness said multiple times that he isn't a lawyer in addition to he so had no thought of his ain nigh the legality of sure decisions. He also didn't knew whether information collected inward unusual countries had been acquired alongside or without the consent of the provider. He simply assumed that the information collection takes house inward a legal way. Foreign partner agencies don't supply BND alongside information they are non allowed to collect themselves.
- Because of fourth dimension shortage, the BND employees L. in addition to W. P. couldn't live heard inward this meeting.
> Next time: More hearings of BND employees
UPDATE:
Meanwhile, the next numbers nigh regime eavesdropping operations inward 2013 take away maintain been made public. These numbers are only nigh the interception of communcations alongside at to the lowest degree one-end-German, so traffic alongside both-ends-foreign are non included:
- The G10 Committee approved 212 eavesdropping operations, most of them were conducted past times the domestic safety service BfV (up from 157 inward 2012). This involved some 350 people, most of them suspected of islam fundamentalism.
- In 26 cases, the domestic safety service BfV used an IMSI-catcher to delineate or intercept the cellular telephone of 29 persons (more equally twice equally oft equally inward 2012)
- BND is allowed to filter communications past times using selectors. If Germans could live involved, it is non allowed to exercise selectors that position specific targets (like telephone numbers in addition to email adresses), so inward that case, only generic search damage (keywords) may live used.
- The official Spying Together: Germany's Deep Cooperation alongside the NSA
- Reports alongside numbers for 2013:
- BND Codewords in addition to Abbreviations
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