http://billtotten.blogspot.com/2008/01/nsas-lucky-break.htmlFor voice traffic, the NSA could scoop up an astounding amount of telephone calls by simply choosing the right facilities, according to Beckert, though he says NSA officials "make a big deal out of naming them".
"There are about three or four buildings you need to tap", Beckert says. "In Los Angeles there is One Wilshire; in New York, Sixty Hudson, and in Miami, the NAP of the Americas".
The United States' role as an international communications hub came at a convenient time for the National Security Agency, which in the 1990s began confronting a world moving away from easily-intercepted microwave and satellite communications, and toward fiber optics, which are difficult and expensive to tap.
Press leaks in recent months have revealed that the NSA began tapping the US communications hubs for purely international traffic shortly after 9/11, at the same time that it began monitoring communications between US citizens and foreigners as part of the Terrorist Surveillance Program.
After the Democrats took over Congress in 2007, the administration put the NSA surveillance programs under the supervision of a secretive spying court, which ruled shortly thereafter that wiretapping US-based facilities without a warrant was illegal, even for the purpose of harvesting foreign communications.
In August, Congress granted the NSA "emergency" temporary powers to continue the surveillance, which are set to expire in February. The RESTORE Act (the Responsible Electronic Surveillance That is Overseen Reviewed and Effective Act of 2007) is the Democrat's effort to extend that power indefinitely, while including some safeguards against abuse. It would legalize both the foreign-to-foreign intercepts, and the domestic-to-foreign surveillance associated with the Terrorist Surveillance Program.
The bill enjoys wide support in the House, but on Wednesday President Bush vowed to veto any surveillance legislation that doesn't extend retroactive legal immunity to telephone companies who cooperated in the NSA's domestic surveillance before it was legalized - a provision absent from the RESTORE Act. AT&T, which is facing a class-action lawsuit for allegedly wiretapping the internet on behalf of the NSA, is reportedly among the companies lobbying hard for immunity.
Experts say that, even with a stamp of approval from Congress, the growth of international communications networks will eventually rob the NSA of its home-field advantage in inspecting foreign communications. "The creation of alternative paths are starting to challenge the dominant position the US has", Manning says, adding that the changes will not be welcomed by US intelligence services.
Exchanges in Hong Kong and London are emerging as local hubs for Asian and European traffic, while new fiber cables running north and south from Japan around to Europe will divert traffic from the trans-America route. Meanwhile, more countries are building their own internal internet exchanges.
"Because the decisions are made by the private sector, you're always going to go the direction where you have the cheapest fiber", Woodcock says. "That's likely to be through the US for a while yet, (but) that's changing as more and more fiber gets installed around South Asia".
Manning points to South Africa as an example of how countries are creating their own internet exchanges.
"In South Africa for a long time, ISPs didn't talk to each other and would backhaul traffic to the US or Europe", Manning said. "What they have done in last ten years, they have built local exchange points and fixed regulatory conditions to allow cross exchange of traffic".
The trend may leave US spooks longing for a simpler time; like 1992, when the first - and at the time, only - internet exchange point, called MAE-East, was erected in Washington DC.
"All the traffic in the world went through Washington", Woodcock says. "But it was coincidence that it was Washington, more or less, and it was private-sector. And it probably wasn't tapped for at least a couple of years."
http://www.wired.com/politics/security/news/2007/10/domestic_taps/Bill Totten
http://www.ashisuto.co.jp/english/index.html