DOD Considers Illegal Data Mining Part of Capital Crime
I’ve written two posts on the software that Bradley Manning is alleged to have loaded onto SIPRNet (here, here). Wired has now gotten a little more detail about what the software was: DOD says it was some kind of data mining software, though they won’t say of what kind. Wired goes on to suggest that presence of the software may make it easier for DOD to prove intent with Manning (though I rather suspect the idea is to prove collaboration with WikiLeaks personnel; furthermore, Wired’s tie of the data mining software to Manning’s alleged illegal access of the State cables has one problem–that he probably couldn’t access such things after he got demoted).
But the entire time I read the following passages, I couldn’t help but think of the illegal data mining DOD’s component, NSA, conducted on American citizens in 2004 even after Congress had specifically defunded such activities.
Accused WikiLeaks source Pfc. Bradley Manning installed and used unauthorized “data-mining software” on his SIPRnet workstation during the time he allegedly siphoned hundreds of thousands of documents off that classified network, the Army said Friday in response to inquiries from Threat Level.
Manning’s use of unauthorized software was the basis of two allegations filed against him this year in his pending court martial, but the charge sheet listing those allegations was silent on the nature of that software.
On Friday, an Army spokeswoman clarified the charges. “The allegations … refer to data-mining software,” spokeswoman Shaunteh Kelly wrote in an e-mail. “Identifying at this point the specific software program used may potentially compromise the ongoing criminal investigation.”
[snip]
If Manning installed data-mining software on his SIPRnet workstation, that could potentially strengthen the government’s case against the alleged leaker.
After all, Wired at least suggests data mining is proof of guilt. Yet the agency that may be crafting such arguments not only violated privacy laws for years, but continued to data mine Americans for months after Congress had specifically prohibited funding from being used for such things. And DOD now wants to prosecute the person it alleges engaged in such illegal data mining with a capital crime.
Maybe the whole thing would be more credible if our government hadn’t become such a criminal itself?
Indeed. Not to mention (alleged) Manning data mining would have been unnecessary.
What goes around comes around.
(I’m ducking all the time, too much going & coming around)
—
JDMcKay
I’m going to go out on a limb and say that when we find out what software he was using, it won’t fit any reasonable definition of “data mining”. At a minimum, data mining software has to include the ability to uncover hidden patterns in data. Color me sceptical.
There was a bit of discussion in csoghoian’s Twitter stream about what the software might be.
But the same problem with Wired’s theory applies more generally. We have reason to believe Manning lost most of his access after he was demoted. If so, data mining software is not going to get you very far.
I thought I had read that his clearance was not materially altered after the incident and demotion because they had limited people who could do what he did – but I may be dreaming that up; not sure.
I recall that also.
Not an ad from me, and only fyi:
If csoghoian is correct re grep, it mostly seems to me to be a kind of powerful search program, similar to spotlight on the mac or Google Desktop, maybe more powerful as it can look at source code. But calling it “data mining” makes it sound more sinister than “search program”.
It must have something going for it in addition to looking at source code, ’cause that’s something that the hoariest UNIX commandline grep utility has always done. “Where’d I put that header …?”
Ah, you do not even need to risk going out on a limb!
I like your words, “…fit any reasonable definition of data mining.”
Hmmm. I bet the DOD doesn’t need any FISA laws or shit like that. I bet the DOD doesn’t need to be reminded that they are not to operate on American Soil with warfare tactics. I bet the Commander in Chief, being a Constitutional Lawyer and all that knows these facts and will do the right thing.
Oh, Hell! If I were a betting person…
Nevermind.
DoD looking for a fall guy for their own criminal behavior that they’ve been conducting for a very long time before 2004? Naw. /s
Wikipedia’s “National Reconnaissance Office: History”
Washington Post archive for 1995
2006 chatter
Given the right software, user access levels on a windows system don’t matter. All that matters is that the user can load from removable media and run on his local computer.
Boxturtle (Windows security is largely a gentlemans agreement that’s more easily violated than honored)
Given “the right software,” this is true for any operating system.
You are telling us that a SECURE system is such than any user can INSTALL SOFTWARE?
I’m shouting. Allowing people to install software without rigorous review, and subject to strong change control is asking for a security breach.
Shutting down that avenue to provide a secure system is basic to computer security.
WTF? They’ve just announced they are incompetent. Fucking retards.
I really want to say how much I appreciate FDL. If not for the incredible irony of this, there would be no humor in the day.
Our nation is so over, whatever we have stood for in the past, our government has become a filthy and infected mess that will fall of itself. I don’t know that all the citizenry united can put it back together. As if we were united.
It might be interesting to ask some of the post*s questions of speaker James Lewis at the speaking engagement in which he is appearing in six hours. I wondered if some of the m.o. included thumb drives some of which were provided by a double agent, or an employee of some industrial espionage contractor who wants an upgrade contract of the sort now planned since the incident occurred to secure the workstations more thoroughly. Lewis has a sardonic tech sense of humor and an interesting, balanced appreciation of the public good in comms.
At a national conference several years ago, I bumped into a systems security consultant who said he produced a detailed set of suggestions for fixing the holes in a federal agency’s system. The agency, he said, “acted like I had done something wrong,” and snubbed his recommendations. A few years later, the agency experienced a major data theft, and then another, and similar breaches were reported at other agencies. Investigation showed that the agencies had ignored security recommendations. Most of the data losses reported publicly involved personnel data protected by the Privacy Act. But, could some thefts involve money? It seems possible, for the agency I was discussing also was known for ‘losing’ money and had not balanced its books in years. An accountant friend says his agency has similar problems.
Sorry–somehow posted to the wrong diary.
Ah, just a standard variation on “It’s not illegal if the president does it”
The Government must not have a good case against Bradley if they have to admit to a crime themselves.
Also the killing of Afghan Civilians as shown by the first video wiki leaks made public reveals a warcrime.
Do whistle blower rules apply to war crimes? Can one really be tried for treason for exposing a war crime?
They haven’t fleshed out all the details and facts on the Lamo connection and what he was doing! Seriously, I don’t see how Manning can have a fair trial without calling witness Lamo and shaking him down on the details.
Installing data mining software on a DOD networK
Yeah right! Like it’s so easy…a breeze!
I work in a publishing house and I can’t install ANY software, without authorization from my superior AND the sysadmin. I’ve work in pharma big and small…same story.
And somehow, we are supposed to believe that Manning was able to install data mining software on a classified military network?
Fuck me!
I work in private industry, and we can’t install software on our workstations without the tech support people helping. In fact, the USB ports are disabled. (We’d like to have a browser available that’s more recent than IE6, thankyouverymuch.)
Well, I’ve actually worked for the DOD. While I have had admin access to certain computers, I certainly had NO admin access to any machine with classified material. This whole thing stinks like a frame-up. I cannot imagine that any pvt. would have that many privileges on such a system.