The NSA's data tapping: America through the PRISM

The <em>Guardian</em>'s stories of the last two days are the highest-level US leaks since the Pentagon Papers.

Yesterday, I asked if the story about the US National Security Administration secretly  requisitioning phone records went deeper – if social networking data might not be as easily requisitioned by security forces as phone metadata. Within hours, the Guardian provided the answer, in the form of a leaked PowerPoint presentation, classified 'Top Secret', which was “apparently used to train intelligence operatives” as part a program named PRISM.

This is now the second of two such 'Top Secret' documents obtained by the Guardian in as many days; an astonishing achievement, considering that the last documents of this level of American security classification to be actually published in the press were the famous “Pentagon Papers”, by the New York Times in 1971, forty-two years ago.

Nothing that WikiLeaks published ever carried this level of security classification. Most of the documents they leaked to the press were “secret” level, with a few “confidential” and unclassified documents thrown in.

This puts the Guardian in a unique position. Whoever leaked these documents – both the Verizon court order, and the intelligence training PowerPoint presentation the following day, two separate leaks – could be in real trouble under the Espionage Act as well as several other US statutes.

It is also worth mentioning that the Nixon administration did place an injunction on the New York Times and the Washington Post over the release of the Pentagon Papers, though it was lifted after fifteen days by the Supreme Court, which upheld the papers' First Amendment rights. Attorney General Eric Holder said yesterday that the DoJ “will not prosecute any reporter from doing his or her job.”

Nonetheless, this leak is absolutely unprecedented in the internet age, and the Obama administration is developing a worrying reputation for hostility to journalists; the DoJ named Fox News reporter James Rosen as a 'co-consipirator' under the Espionage Act in order to put him under surveillance in 2010, the first time a journalist had ever been targeted this way in the US.

This also comes at a time when Army Private Bradley Manning, who gave WikiLeaks their biggest information-dump of classified material, is facing military trial for leaks. Prosecutors are seeking to prove that he was “aiding the enemy” - which is technically a capitol offence in the US, though they apparently do not intend to seek the death penalty.

US Director of National Intelligence James R Clapper gave a statement yesterday condemning the leaks, saying that they threaten “potentially long-lasting and irreversible harm to our ability to identify and respond to the many threats facing our nation,” and highlighted that everything the NSA has been shown to be doing is “within the constraints of the law”. House intelligence chairman Mike Rogers defended the phone data requisition program to the Washington Post too, saying that within the last few years, the phone record requisition program had been used to stop a terrorist attack within the United States. But libertarian senator Rand Paul called the seizure shown by the first leak an “astounding assault on the constitution”.

The PRISM logo.

Nicky Woolf is reporting for the New Statesman from the US. He tweets @NickyWoolf.

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How will Labour handle the Trident vote?

Shadow cabinet ministers have been promised a free vote and dismiss suggestions that the party should abstain. 

At some point this year MPs will vote on whether Trident should be renewed. It is politics, rather than policy, that will likely determine the timing. With Labour more divided on the nuclear question than any other, the Tories aim to inflict maximum damage on the opposition. Some want an early vote in order to wreak havoc ahead of the May elections, while others suggest waiting until autumn in the hope that the unilateralist Jeremy Corbyn may have changed party policy by then.  

Urged at PMQs by Conservative defence select committee chair Julian Lewis to "do the statesmanlike thing" and hold the vote "as soon as possible", Cameron replied: "We should have the vote when we need to have the vote and that is exactly what we will do" - a reply that does little to settle the matter. 

As I've reported before, frontbenchers have been privately assured by Corbyn that they and other Labour MPs will have a free vote on the issue. Just seven of the shadow cabinet's 31 members support unilateral disarmament, with Tom Watson, Andy Burnham, Hilary Benn and Angela Eagle among those committed to Trident renewal. But interviewed on the Today programme yesterday, after her gruelling PLP appearance, Emily Thornberry suggested that Labour may advise MPs to abstain. Noting that there was no legal requirement for the Commons to vote on the decision (and that MPs did so in 2007), she denounced the Tories for "playing games". But the possibility that Labour could ignore the vote was described to me by one shadow cabinet member as "madness". He warned that Labour would appear entirely unfit to govern if it abstained on a matter of national security. 

But with Trident renewal a fait accompli, owing to the Conservatives' majority, the real battle is to determine Labour's stance at the next election. Sources on both sides are doubtful that Corbyn will have the support required to change policy at the party conference, with the trade unions, including the pro-Trident Unite and GMB, holding 50 per cent of the vote. And Trident supporters also speak of their success against the left in constituency delegate elections. One described the Corbyn-aligned Momentum as a "clickocracy" that ultimately failed to turn out when required. 

George Eaton is political editor of the New Statesman.