Reutersâs Joseph Menn has reported that just last year, Yahoo chose to comply with a classified âdirectiveâ to build âa custom software program to search all of its customersâ incoming emails for specific information provided by U.S. intelligence officialsâ â the NSA in particular. If you don't have a compelling reason to have a Yahoo email account, it's time to get rid of it ASAP. Why support an organization that will so willingly sell out your privacy to the Feds? These are exactly the issues I struggle with in my novel, 4o4 - A John Decker Thriller, about the surveillance state, recently listed as a Top Ten Amazon Bestseller in Technothrillers. For more on this story, visit The Intercept.
THEREâS NO GOOD reason to have a Yahoo account these days. But after Tuesdayâs bombshell report by Reuters, indicating the enormous, faltering web company designed a bespoke email-wiretap service for the U.S. government, we now know that a Yahoo account is a toxic surveillance liability.
Reutersâs Joseph Menn is reporting that just last year, Yahoo chose to comply with a classified âdirectiveâ to build âa custom software program to search all of its customersâ incoming emails for specific information provided by U.S. intelligence officialsâ â the NSA in particular.
[UPDATE at 10:08 a.m., Oct. 5, 2016: Yahoo has issued a labored non-denial denial, insisting that the Reuters story is âmisleading.â See our new story.]
Itâs still unknown what the âspecific informationâ here was â or is â but Yahoo CEO Marissa Mayerâs decision not to put up any fight against the extremely broad request apparently prompted the departure of then-Chief Information Security Officer Alex Stamos, now head of security at Facebook.
Reached via Twitter DM, Stamos told The Intercept that heâs ânot commenting at all on Yahoo.â When asked if Facebook had ever received a similar government directive, Stamos replied that he would âpass that to Facebook comms.â
A Facebook spokesperson told The Intercept, âFacebook has never received a request like the one described in these news reports from any government, and if we did we would fight it.â
It remains unclear what form the directive took, though according to Andrew Crocker, an attorney with the Electronic Frontier Foundation, the best guess is that it invoked Section 702 of the Foreign Intelligence Surveillance Act, which permits the bulk collection of communications for the purpose of targeting a foreign individual.
But this Yahoo program doesnât appear to have had even an ostensibly non-U.S. target. Rather, literally every single person with a Yahoo email inbox was evidently placed under surveillance, regardless of citizenship.
Crocker said the Yahoo program seems âin some ways more problematic and broaderâ than previously revealed NSA bulk surveillance programs like PRISM or Upstream collection efforts. âItâs hard to think of an interpretationâ of the Reuters report, he explained, âthat doesnât mean Yahoo isnât being asked to scan all domestic communications without a warrantâ or probable cause.
âThe Fourth Amendment implications of that are pretty staggering,â Crocker said.
The Yahoo program, as described, also differs from previous federal data grabs in that the scanning occurred in real time, as messages arrived in a userâs inbox, rather than being conducted in an archive of stored communications.
The fact that every single Yahoo email account was subject to this surveillance seems at odds with figures in Yahooâs transparency report, which claims fewer than 20,000 accounts were tapped at the behest of the U.S. government. It would also appear to run contrary to the spirit of two quotations on Yahooâs transparency site, where Yahoo General Counsel Ron Bell claims, âWe fight any requests that we deem unclear, improper, overbroad, or unlawful,â and Mayer says, âWeâve worked hard over the years to earn our usersâ trust and we fight hard to preserve it.â
The Reuters report is sourced to âtwo former employees and a third person apprised of the events,â rather than government officials â raising the possibility that similar orders have been issued to other major service providers.
An Apple spokesperson said âwe have never received a request of this type,â and that âIf we were to receive one, we would oppose it in court.â This spokesperson also pointed to a section from a recent public letter by CEO Tim Cook, which he said was still accurate:
Finally, I want to be absolutely clear that we have never worked with any government agency from any country to create a backdoor in any of our products or services. We have also never allowed access to our servers. And we never will.
A Google spokesperson provided the following statement: âWeâve never received such a request, but if we did, our response would be simple: âno way.ââ The spokesperson later clarified that the company has not received a âdirectiveâ or âorderâ to that effect, either.
âWe have never engaged in the secret scanning of email traffic like what has been reported today about Yahoo,â a Microsoft spokesperson said in a statement. The spokesperson would not comment on the record as to whether the company has ever received such a request.
Asked whether Twitter had ever received such a directive aimed at its messaging system, Nu Wexler, the companyâs public policy communications chief, replied that âFederal law prohibits us from answering your question, and weâre currently suing the Justice Department for the ability to disclose more information about government requests.â Twitter filed the lawsuit in 2014.
In a subsequent statement, Wexler clarified:
Weâve never received a request like this, and were we to receive it weâd challenge it in a court. Separately, while federal law prohibits companies from being able to share information about certain types of national security related requests, we are currently suing the Justice Department for the ability to disclose more information about government requests.
Yahoo issued this statement: âYahoo is a law abiding company, and complies with the laws of the United States.â
Patrick Toomey, a staff attorney with the American Civil Liberties Union, said in a statement that âthe order issued to Yahoo appears to be unprecedented and unconstitutional. The government appears to have compelled Yahoo to conduct precisely the type of general, suspicionless search that the Fourth Amendment was intended to prohibit.â
He added: âIt is deeply disappointing that Yahoo declined to challenge this sweeping surveillance order, because customers are counting on technology companies to stand up to novel spying demands in court.â
Here is how to delete your Yahoo account.
Update: October 4, 2016
This article has been updated to include comments from Microsoft, Twitter, Google, Facebook, Yahoo, and Apple.
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