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United States of Secrets, Part One (full documentary) | FRONTLINE

FRONTLINE PBS | Official・84 minutes read

After 9/11, the NSA initiated a surveillance program without warrants to track communication, which was leaked by Edward Snowden to journalists, leading to public exposure and debates on legality and ethics. Despite initial opposition to such programs, President Obama continued NSA surveillance after taking office, emphasizing national security over privacy concerns.

Insights

  • The NSA initiated a program post-9/11 to collect data on American citizens domestically without warrants, known as "The Program," aimed at enhancing surveillance capabilities to prevent future attacks.
  • Despite concerns raised about the program's ethics, legality, and morality, it continued to run at full speed by the summer of 2002, with a small group of NSA employees aware of the massive data collection on communications.
  • Whistleblowers like Thomas Drake and Edward Snowden played crucial roles in exposing the NSA's surveillance programs, with Drake facing legal repercussions that were eventually dropped, while Snowden's leaks led to extensive media coverage and public awareness of the government's actions.

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Recent questions

  • What was the purpose of the NSA surveillance program initiated post-9/11?

    The NSA surveillance program was initiated post-9/11 with the purpose of enhancing surveillance capabilities to prevent future terrorist attacks. This program, known as "The Program," involved domestic surveillance without warrants, collecting vast amounts of data on American citizens to track unknown conspirators by monitoring all communication passing through the US.

  • Who were the key figures involved in the NSA surveillance program leak?

    The key figures involved in the NSA surveillance program leak were Glenn Greenwald, Laura Poitras, Barton Gellman, and Edward Snowden. Greenwald received an email in 2012 that led to the leak of government secrets, eventually connecting with Snowden, a mysterious source who reached out to Poitras and Gellman, promising a significant story. They traveled to Hong Kong to meet Snowden, who revealed top-secret NSA documents unveiling the surveillance program.

  • How did the NSA surveillance program impact privacy rights?

    The NSA surveillance program had a significant impact on privacy rights as it involved massive data collection on communications, including phone calls and internet activities of millions of Americans. The program removed privacy protections like encryption and automated tracking, leading to concerns about violations of rules against spying on Americans and ethical, moral, and legal implications.

  • What were the legal and ethical implications of the NSA surveillance program?

    The NSA surveillance program raised legal and ethical implications as it involved domestic surveillance without warrants, collecting data on American citizens under emergency conditions. Despite concerns about the program being unethical, immoral, and illegal, it continued to run at full speed by the summer of 2002, with strict conditions set for briefings and limited communication and understanding for those involved.

  • How did the public and government officials react to the exposure of the NSA surveillance program?

    The exposure of the NSA surveillance program led to public and government officials' reactions, with whistleblowers like Thomas Drake and Edward Snowden exposing the program's activities. The New York Times faced pressure from the White House not to publish the story, eventually spiking it to protect national security. Despite initial opposition, President Obama chose to continue the extensive NSA surveillance programs, believing in their effectiveness despite his past promises of transparency and government secrecy.

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Summary

00:00

NSA surveillance program post-9/11 revealed

  • The National Security Agency (NSA) initiated a program post-9/11 to collect data on American citizens under emergency conditions.
  • This program involved domestic surveillance without warrants, collecting the entire internet stream.
  • Glenn Greenwald received an email in 2012 leading to the biggest leak of government secrets, eventually connecting with Edward Snowden.
  • Snowden, a mysterious source, reached out to Laura Poitras and Barton Gellman, promising a significant story.
  • Greenwald, Poitras, and Ewan McCaskill traveled to Hong Kong to meet Snowden, who revealed top-secret NSA documents.
  • Snowden's documents unveiled the NSA's surveillance program, known as "The Program," initiated after 9/11.
  • The NSA missed the 9/11 attacks due to caution in domestic surveillance, restricted by laws against spying on Americans.
  • Post-9/11, there was a push within the NSA to enhance surveillance capabilities to prevent future attacks.
  • NSA Director George Tenet was pressured to expand operations against Al Qaeda, leading to more aggressive data collection proposals.
  • The NSA proposed a new surveillance program without warrants to track unknown conspirators by monitoring all communication passing through the US.

18:12

"Secret NSA Program: Data Collection on Americans"

  • Hayden proposed a program to the Vice President in Washington, his first meeting in the Oval Office before 9/11.
  • President Bush, Vice President Cheney, National Security Adviser Condi, and Andy Card were present during the meeting.
  • Cheney asked a question on preventing another 9/11, prompting Hayden to outline a program to gather data on phone calls and internet traffic of millions of Americans.
  • President Bush authorized the program despite legal concerns, instructing Hayden to develop it with lawyers working on it.
  • The program was officially authorized by the President in a secret signing with Cheney on October 4th, written by the Vice President's lawyer and kept secret.
  • Hayden sought legal advice from his top lawyer Robert Dietz, who, along with two other NSA lawyers, deemed the program legitimate under the President's authority.
  • The program involved massive data collection on communications, including phone calls and internet activities, recording voices in some U.S. phone calls.
  • Only a small group of NSA employees knew about the program, including senior manager Thomas Drake, who discovered a previous program called Thin Thread.
  • Thin Thread, designed by Bill Benny, could monitor vast data while protecting privacy through encryption, but its privacy protections were removed in the new program.
  • Drake and other Thin Thread team members retired or left the NSA due to concerns about the program's violation of rules against spying on Americans, leading to a confrontation with Maureen Baginski.

36:18

"Secret Program Sparks Legal and Ethical Concerns"

  • Hayden was skilled at presenting information in a way that avoided questions and difficult circumstances, carefully choosing his words to maintain secrecy.
  • The purpose was to involve the other political branch in a program, but strict conditions were set for briefings, limiting communication and understanding for those involved.
  • Despite concerns raised about the program being unethical, immoral, and illegal, it continued to run at full speed by the summer of 2002.
  • Rourke confronted Hayden about removing protections like encryption and automated tracking, with Hayden justifying it by citing the commander-in-chief's wartime authority.
  • General Hayden discouraged lobbying against the program, hinting at its eventual public exposure and the need for arguments to be made then.
  • Thomas Tam, working at the Department of Justice, discovered evidence of electronic surveillance without warrants, leading to concerns about legality and lack of transparency.
  • Tam's attempts to seek answers within the DOJ hierarchy were met with resistance, prompting him to consider whistleblowing to Congress.
  • Jack Goldsmith, appointed to review the legality of secret operations, discovered a program tracking data from millions of Americans' emails, which he deemed unconstitutional.
  • Goldsmith's objections to the program led to a confrontation with Addington, who warned of dire consequences if the program was halted.
  • A dramatic hospital confrontation ensued when Attorney General Ashcroft refused to reauthorize the program, with Deputy Attorney General Comey stepping in to prevent its continuation, leading to a tense standoff with the White House.

53:41

Controversial NSA Surveillance Program and Media Pressure

  • Alberto Gonzalez, the new White House counsel, signed documents without full legal authority to protect the President.
  • General Hayden and Gonzalez agreed to continue a program despite legal ambiguity due to a terrorist attack in Madrid.
  • President Bush reauthorized the program, leading to the resignation of Deputy Attorney General James Comey and other top officials.
  • President Bush, unaware of the situation, intervened to prevent further resignations.
  • The NSA warrantless email data collection program was shut down but later resumed under different legal interpretations.
  • General Hayden convinced a FISA judge to restart the program by presenting a controversial legal argument.
  • The program resumed, collecting internet metadata under a secret ruling based on a Supreme Court case interpretation.
  • President Bush publicly denied the existence of a warrantless surveillance program while campaigning.
  • Thomas Tam anonymously leaked information about the program to the New York Times, leading to a series of investigative reports.
  • The New York Times faced pressure from the White House not to publish the story, eventually spiking it to protect national security.

01:11:24

NSA Program Exposed: Inside the Controversy

  • Reporter James Risen decided to publish a book after the New York Times refused to print his story.
  • Risen invited Eric Lichtblau to read a draft chapter of the book, revealing the existence of a program the administration had suppressed.
  • Editors at the New York Times learned of Risen's plan to include the NSA story in his book, leading to tense discussions.
  • The Times editor who had initially killed the story faced a dilemma on whether to publish it now or not.
  • The New York Times editors were summoned to the White House, where President Bush defended the program's importance.
  • General Hayden briefed the press, downplaying the program's scale and dismissing internal dissent.
  • The administration used tactics to deflect questioning and mislead the public about the program.
  • Thomas Drake, a whistleblower, reached out to a reporter to expose the NSA's surveillance program.
  • Drake provided unclassified information to the reporter, leading to a series of stories on the NSA's activities.
  • The FBI conducted early morning raids on suspects' homes, including Benny, Wiebe, and Loomis, in connection to the leaks to the New York Times.

01:29:52

Tom Drake's FBI Raid and Obama's Betrayal

  • Tom Drake's home was not raided by the FBI initially, but he felt he was next.
  • On November 28, 2007, a dozen FBI agents arrived at Drake's home to search for evidence linking him to leaking to the New York Times.
  • Drake spent a day trying to convince the FBI that the NSA was responsible for illegal activities, not him.
  • The FBI seized Drake's computers and papers during the search.
  • Drake later met with federal prosecutor Stephen Terrell, who threatened him with a long prison sentence unless he cooperated.
  • Terrell wanted Drake to confess to being part of a conspiracy involving others.
  • In 2008, during the presidential election, Barack Obama promised transparency and embraced the importance of whistleblowers.
  • Obama vowed to prevent illegal wiretapping and surveillance, promising a change in government secrecy.
  • Despite his past opposition, Obama voted for a surveillance bill, enhancing his national security credentials.
  • After becoming president, Obama learned about the extensive NSA surveillance programs and chose to continue them, believing in their effectiveness.

01:47:35

Whistleblowers: Drake and Snowden's Classified Revelations

  • Tom Drake was charged with having classified material, which was only classified after being seized from his home, leading to the charges being dropped just before the trial. He pleaded guilty to a misdemeanor, paid a court fee, was put on probation, and given community service.
  • Edward Snowden, working for a new NSA contractor in Hawaii, decided to expose the program after studying previous whistleblowers like Drake. Snowden leaked classified documents to journalists Glenn Greenwald, Laura Poitras, and Barton Gellman, resulting in the largest leak of classified information in US history.
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