US law enforcement officers working on anti-drugs operations
have had access to a vast database of call records dating back to 1987,
supplied by the phone company AT&T, the New York Times has revealed.
The project, known as Hemisphere, gives federal and local
officers working on drug cases access to a database of phone metadata populated
by more than four billion new call records each day.
Unlike the controversial call record accesses obtained by
the NSA, the data is stored by AT&T, not the government, but officials can
access individual's phone records within an hour of an administrative subpoena.
AT&T receives payment from the government in order to
sit its employees alongside drug units to aid with access to the data.
The AT&T database includes every phone call which passes
through the carrier's infrastructure, not just those made by AT&T
customers.
Details of the program – which was marked as law enforcement
sensitive, but not classified – were released in a series of slides to an
activist, Drew Hendricks, in response to freedom of information requests, and
then passed to reporters at the New York Times.
Officials were instructed to take elaborate steps to ensure
the secrecy of the Hemisphere program, a task described as a "formidable
challenge" in the slide deck, which detailed the steps agencies had taken
to "try and keep the program under the radar".
The instructions added that the system should be used to
generate leads towards new material, with call records obtained through
standard subpoenas then used to provide evidence. The "protecting the
program" section concluded that "all requestors are instructed to
never refer to Hemisphere in any official document".
A key purpose of the Hemisphere database appears to be tracking
"burner" phones used by those in the drug trade, and popularized in
the long-running drama The Wire. Slides published in the Times reveal details
on how Hemisphere traces "dropped" phones and "additional"
phones used by law enforcement targets.
A Justice Department spokesman said in a statement given to
the New York Times that "subpoenaing drug dealers' phone records is a
bread-and-butter tactic in the course of criminal investigations."
He added the program "simply streamlines the process of
serving the subpoena to the phone company so law enforcement can quickly keep
up with drug dealers when they switch phone numbers to try to avoid
detection" – a similar explanation to those given by intelligence
officials of the NSA's PRISM program, which grants the NSA access to
information held on the servers of some of the largest internet companies.
The DoJ spokesman refused to disclose the cost of the
program, telling the Times the figure was not immediately available.
Jameel Jaffer of the ACLU told the Times the program raised
"profound privacy concerns".
"I'd speculate that one reason for the secrecy of the
program is that it would be very hard to justify it to the public or the
courts," he said.
Separately, the Washington Post published fresh details from
the US National Intelligence Budget request for 2013, released by the former
contractor Edward Snowden.
The document details a multi-million dollar program to
prevent "insider threats" from intelligence officers, with plans to
launch more than 4,000 investigations into unusual staff activity at the
agencies, including downloading large numbers of documents or accessing
material which they would not need in the normal course of their duties.
Such steps were in motion before Snowden disclosed any
material to journalistic organisations, or the publication of such details in
the Guardian and Washington Post. The NSA has yet to establish what material
was taken by Snowden, according to press reports.
An NSA spokeswoman told the Post contractors were not
included among the 4,000 planned investigations of security clearances. More
than 500,000 US contractors hold top-secret clearances.
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