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Yahoo 'secretly monitored emails on behalf of the US government'


From: "Dave Farber" <farber () gmail com>
Date: Thu, 6 Oct 2016 07:34:35 -0400




Begin forwarded message:

From: Hendricks Dewayne <dewayne () warpspeed com>
Date: October 6, 2016 at 5:39:03 AM EDT
To: Multiple recipients of Dewayne-Net <dewayne-net () warpspeed com>
Subject: [Dewayne-Net] Yahoo 'secretly monitored emails on behalf of the US government'
Reply-To: dewayne-net () warpspeed com

Yahoo 'secretly monitored emails on behalf of the US government'
Company complied with a classified directive, scanning hundreds of millions of Yahoo Mail accounts at the behest of 
NSA or FBI, say former employees
By Nicky Woolf in San Francisco and agencies
Oct 5 2016
<https://www.theguardian.com/technology/2016/oct/04/yahoo-secret-email-program-nsa-fbi>

Yahoo last year secretly built a custom software program to search all of its customers’ incoming emails for specific 
information at the request of US intelligence officials, according to a report.

The company complied with a classified US government directive, scanning hundreds of millions of Yahoo Mail accounts 
at the behest of the National Security Agency (NSA) or FBI, two former employees and a third person who knew about 
the program told Reuters.

Some surveillance experts said this represents the first known case of a US internet company agreeing to a spy 
agency’s demand by searching all arriving messages, as opposed to examining stored messages or scanning a small 
number of accounts in real time.

It is not known what information intelligence officials were looking for, only that they wanted Yahoo to search for a 
set of characters. That could mean a phrase in an email or an attachment, said the sources.

Reuters was unable to determine what data Yahoo may have handed over, if any, and whether intelligence officials had 
approached other email providers besides Yahoo with this kind of request.

According to the two former employees, Yahoo CEO Marissa Mayer’s decision to obey the directive troubled some senior 
executives and led to the June 2015 departure of the chief information security officer, Alex Stamos, who now heads 
security at Facebook.

“Yahoo is a law abiding company, and complies with the laws of the United States,” the company said in a brief 
statement in response to Reuters questions about the demand. Yahoo declined any further comment.

Andrew Crocker, staff attorney with the Electronic Frontier Foundation, said that the use of the word “directive” to 
describe the program indicated that the request may have been ordered under the section 702 of the 2008 Fisa 
Amendments Act, which allows the government to target non-US citizens abroad for surveillance.

Revelations by Edward Snowden about the Prism and Upstream programs – of which the Yahoo program looks like a hybrid, 
Crocker said – show that US citizens were also subject to mass surveillance.

“The fourth amendment and attendant privacy concerns are quite staggering,” Crocker said. “It sounds like they are 
scanning all emails, even inside the US … the fourth amendment protects that fully. It’s hard to see how the 
government justifies requiring Yahoo to search emails like that; there is no warrant that could possibly justify 
scanning all emails.”

[snip]

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