In many countries, as in America too the agencies like the NSA are not allowed to spy within their own borders on their own people. So the Brits for example they can spy on everybody but the Brits but the NSA can conduct surveillance in England so in the very end they could exchange their data and they would be strictly following the law.
If you ask the governments about this directly they would deny it and point to policy agreements between the members of the Five Eyes saying that they won’t spy on each other’s citizens but there are a couple of key points there. One is that the way they define spying is not the collection of data. The GCHQ is collecting an incredible amount of data on British Citizens just as the National Security Agency is gathering enormous amounts of data on US citizens. What they are saying is that they will not then target people within that data. They won’t look for UK citizens or British citizens. In addition the policy agreements between them that say British won’t target US citizens, US won’t target British citizens are not legally binding. The actual memorandums of agreement state specifically on that that they are not intended to put legal restriction on any government. They are policy agreements that can be deviated from or broken at any time. So if they want to on a British citizen they can spy on a British citizen and then they can even share that data with the British government that is itself forbidden from spying on UK citizens. So there is a sort of a trading dynamic there but it’s not, it’s not open, it’s more of a nudge and wink and beyond that the key is to remember the surveillance and the abuse doesn’t occur when people look at the data it occurs when people gather the data in the first place.
How narrow is the co-operation of the German Secret Service BND with the NSA and with the Five Eyes?
I would describe it as intimate. As a matter of fact the first way I described it in our written interview was that the German Services and the US Services are in bed together. They not only share information, the reporting of results from intelligence, but they actually share the tools and the infrastructure they work together against joint targets in services and there’s a lot of danger in this. One of the major programmes that faces abuse in the National Security Agency is what’s called "XKeyscore". It’s a front end search engine that allows them to look through all of the records they collect worldwide every day.
What could you do if you would sit so to speak in their place with this kind of instrument?
You could read anyone’s email in the world. Anybody you’ve got email address for, any website you can watch traffic to and from it, any computer that an individual sits at you can watch it, any laptop that you’re tracking you can follow it as it moves from place to place throughout the world. It’s a one stop shop for access to the NSA’s information. And what’s more you can tag individuals using "XKeyscore". Let’s say I saw you once and I thought what you were doing was interesting or you just have access that’s interesting to me, let’s say you work at a major German corporation and I want access to that network, I can track your username on a website on a form somewhere, I can track your real name, I can track associations with your friends and I can build what’s called a fingerprint which is network activity unique to you which means anywhere you go in the world anywhere you try to sort of hide your online presence hide your identity, the NSA can find you and anyone who’s allowed to use this or who the NSA shares their software with can do the same thing. Germany is one of the countries that have access to "XKeyscore".