The National Security Agency is secretly intercepting, recording, and archiving the audio of virtually every cell phone conversation on the island nation of the Bahamas.
According to documents provided by NSA whistleblower Edward Snowden, the surveillance is part of a top-secret system – code-named SOMALGET – that was implemented without the knowledge or consent of the Bahamian government. Instead, the agency appears to have used access legally obtained in cooperation with the U.S. Drug Enforcement Administration to open a backdoor to the country’s cellular telephone network, enabling it to covertly record and store the “full-take audio” of every mobile call made to, from and within the Bahamas – and to replay those calls for up to a month.
SOMALGET is part of a broader NSA program called MYSTIC, which The Intercept has learned is being used to secretly monitor the telecommunications systems of the Bahamas and several other countries, including Mexico, the Philippines, and Kenya. But while MYSTIC scrapes mobile networks for so-called “metadata” – information that reveals the time, source, and destination of calls – SOMALGET is a cutting-edge tool that enables the NSA to vacuum up and store the actual content of every conversation in an entire country.
All told, the NSA is using MYSTIC to gather personal data on mobile calls placed in countries with a combined population of more than 250 million people. And according to classified documents, the agency is seeking funding to export the sweeping surveillance capability elsewhere.
The program raises profound questions about the nature and extent of American surveillance abroad. The U.S. intelligence community routinely justifies its massive spying efforts by citing the threats to national security posed by global terrorism and unpredictable rival nations like Russia and Iran. But the NSA documents indicate that SOMALGET has been deployed in the Bahamas to locate “international narcotics traffickers and special-interest alien smugglers” – traditional law-enforcement concerns, but a far cry from derailing terror plots or intercepting weapons of mass destruction.
“The Bahamas is a stable democracy that shares democratic principles, personal freedoms, and rule of law with the United States,” the State Department concluded in a crime and safety report published last year. “There is little to no threat facing Americans from domestic (Bahamian) terrorism, war, or civil unrest.”
By targeting the Bahamas’ entire mobile network, the NSA is intentionally collecting and retaining intelligence on millions of people who have not been accused of any crime or terrorist activity. Nearly five million Americans visit the country each year, and many prominent U.S. citizens keep homes there, including Sen. Tom Harkin (D-Iowa), Bill Gates, and Oprah Winfrey.
In addition, the program is a serious – and perhaps illegal – abuse of the access to international phone networks that other countries willingly grant the United States for legitimate law-enforcement surveillance. If the NSA is using the Drug Enforcement Administration’s relationship to the Bahamas as a cover for secretly recording the entire country’s mobile phone calls, it could imperil the longstanding tradition of international law enforcement cooperation that the United States enjoys with its allies.
“It’s surprising, the short-sightedness of the government,” says Michael German, a fellow at New York University’s Brennan Center for Justice who spent 16 years as an FBI agent conducting undercover investigations. “That they couldn’t see how exploiting a lawful mechanism to such a degree that you might lose that justifiable access – that’s where the intelligence community is acting in a way that harms its long-term interests, and clearly the long-term national security interests of the United States.”
The NSA refused to comment on the program, but said in a statement that “the implication that NSA’s foreign intelligence collection is arbitrary and unconstrained is false.” The agency also insisted that it follows procedures to “protect the privacy of U.S. persons” whose communications are “incidentally collected.”
Informed about the NSA’s spying, neither the Bahamian prime minister’s office nor the country’s national security minister had any comment. The embassies of Mexico, Kenya, and the Philippines did not respond to phone messages and emails.
UPDATE 05/23/2014 via WikiLeaks:
The National Security Agency has been recording and storing nearly all the domestic (and international) phone calls from two or more target countries as of 2013. Both the Washington Post and The Intercept (based in the US and published by eBay chairman Pierre Omidyar) have censored the name of one of the victim states, which the latter publication refers to as country “X”.
Both the Washington Post and The Intercept stated that they had censored the name of the victim country at the request of the US government. Such censorship strips a nation of its right to self-determination on a matter which affects its whole population. An ongoing crime of mass espionage is being committed against the victim state and its population. By denying an entire population the knowledge of its own victimisation, this act of censorship denies each individual in that country the opportunity to seek an effective remedy, whether in international courts, or elsewhere. Pre-notification to the perpetrating authorities also permits the erasure of evidence which could be used in a successful criminal prosecution, civil claim, or other investigations.
We know from previous reporting that the National Security Agency’s mass interception system is a key component in the United States’ drone targeting program. The US drone targeting program has killed thousands of people and hundreds of women and children in Afghanistan, Pakistan, Yemen and Somalia in violation of international law. The censorship of a victim state’s identity directly assists the killing of innocent people.
Although, for reasons of source protection we cannot disclose how, WikiLeaks has confirmed that the identity of victim state is Afghanistan. This can also be independently verified through forensic scrutiny of imperfectly applied censorship on related documents released to date and correlations with other NSA programs.
We do not believe it is the place of media to “aid and abet” a state in escaping detection and prosecution for a serious crime against a population.
Consequently WikiLeaks cannot be complicit in the censorship of victim state X. The country in question is Afghanistan.
The Intercept stated that the US government asserted that the publication of this name might lead to a ’rise in violence’. Such claims were also used by the administration of Barack Obama to refuse to release further photos of torture at Abu Ghraib in Iraq.
While one might seriously question the moral exceptionalism which would deny another nation and its people the right to react to a mass rights infringement in a manner of its own choosing, such claims of risk by the US government have in any event consistently fallen short.