FC: Report on U.S. using base in Spain to spy on communications

From: Declan McCullagh (declanat_private)
Date: Tue Feb 04 2003 - 22:27:23 PST

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    From: Montse Doval Avendaño <mdovalat_private>
    To: <declanat_private>
    Subject: The United States uses the Spanish Rota base to spy on 
    international communications
    Date: Tue, 4 Feb 2003 13:03:41 +0100
    Organization: BCSC
    
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    Hi Declan,
    I send you this comment about the book Libertad Vigilada (Watching
    over freedom) that a Spanish journalist, Nacho García Mostazo, has
    published this past January.
    Nacho is correpondent of CNN radio in Spain and editor of Tech news
    at Libertad Digital.
    More information can be found at:
    http://cryptome.org/echelon-es.htm
    http://adserver.libertaddigital.com/libertadvigilada/english.htm
    
    Regards,
    Montse Doval
    
    The United States uses the Rota base to spy on international
    communications
    
    Since 1953, Spain has authorised the USA to use its bases on Spanish
    territory for espionage purposes. This authorisation has now been
    extended and furthermore, it has been set down in writing. In return,
    the United States undertakes to improve the exchange of "military
    intelligence" and technological cooperation through two secret
    documents that Parliament has not had access to. Consequently,
    Spanish citizens can see how their right to the inviolability of
    communications is eroded as Nacho García Mostazo denounces in his
    book "Libertad vigilada" (Watching over freedom).
    
    This year sees the 50th anniversary of the signing of the first
    Hispanic-American covenant, that enabled the construction of the
    bases of the North American army on Spanish soil. These agreements
    have been negotiated several times in recent times, with the
    protocols being amended on the basis of the strategic interests of
    the signatories and, above all, the changes of the world
    geo-political stage. The United States currently continues
    controlling two military bases, one in Morón de la Frontera (Seville)
    and the other in Rota (Cadiz). The latter, located opposite the
    Strait of Gibraltar, takes up 2,400 hectares and the United States
    soldiers who are working there call themselves the "Guardians of the
    Mediterranean".
    
    At the start of the 60's, the United States Marine installed a large
    antenna known in military slang as "the elephants' cage" at the Rota
    base. It has a circumference of 500 metres, made up of metal wire
    meshing and bars whose technical name is AN/FLR-13. This antenna is
    able to capture radio broadcasts that have been made at a distance of
    over 5,000 kilometres. In the centre of "the elephants' cage" we can
    find the building number 533 used by the Marines, which houses the
    Naval Security Group (NAVSECGRU), that has also been stationed in
    Rota since the 60's.
    
    NAVSECGRU is the code-breaking division of the United States Marine,
    that is to say, it processes codes and passwords in order to
    guarantee the security of military communications. Although the unit
    forms part of the Navy, its Commander works at Fort George Meade, a
    military base located in Maryland, very close to Washington, from
    where communications espionage operations on a global scale are
    directed. this is because it is there that the central offices of the
    National Security Agency (NSA) is located. This is one of the three
    United States agencies that is dedicated to intelligence.
    
    In spite of the secret surrounding the operations of the Rota
    Security Group, it oddly enough has its own web page on Internet,
    where it explains its mission consists of "providing safe and fast
    communications for the defence of the United States and its allies".
    In other words, its obligation is for the military communications
    from Rota leave encoded so that, if they are intercepted by another
    country, they cannot be detected. But any specialist in encoding is
    also an expert in crypto-analysis, an activity that consists of
    decoding the codes of other countries.
    
    Thus, in the same way as they have the obligation to protect outgoing
    communications, the members of NAVSECGRU also carry out a
    crypto-analysis of the incoming signals. In this case these are the
    civil, diplomatic and military communications interpreted by the
    "elephants' cage". Curiously, it states on its web page that its
    mission is also to "analyse electro-magnetic phenomenon" with the
    AN/FLR-13 antenna, a euphemism that is used to try to cover up their
    true mission as communication spies.
    
    With Spanish authorisation since 1970
    
    The United States and Spain signed a new Covenant in 1970 by which
    the United States military bases returned to Spanish control,
    authorising the United States army to use certain facilities in them.
    In 1982, with Spain having recently joined up to NATO, another
    Covenant was signed in which the use of the installations was
    regulated and the authorisations granted by the Spanish government to
    the United States army to operate under the Spanish flag were
    detailed one by one.
    
    The latest update to the Hispanic-American military agreements took
    place on April 10, 2002. This document is accompanied by an appendix
    where the installations that exist on the North American bases were
    set out. Among others, it admits the existence of a "naval
    communications station" which, expressed in this way, seems to be
    wholly undefended. The same happens with the "information
    installation for maritime monitoring", whose mission is the "matching
    and distribution of information in support of the United States
    fleet". However, these are the installations operated by the Naval
    Security Group, whose mission has already been mentioned.
    
    Furthermore, article 47 of the Covenant states that "it shall be
    possible for the Forces of the United States of America to be able to
    undertake actions in the field of telecommunications that may be
    necessary to 1) meet new operational requirements, 2) improve the
    capability of existing systems and 3) to contribute to the welfare
    and training of said forces". This means that NAVSECGRU can extend
    its installations as it wishes, with the single condition that "there
    should be no interference with the existing systems of the Spanish
    armed forces", according to the Covenant cited.
    
    Authorisation to spy
    
    In the new document, Spain also grants "authorisation to the criminal
    investigation services, that will act in Spain in conjunction with
    its counterparts in the State Security Forces and Corps".
    Specifically, the authorisation makes reference to the Naval Criminal
    Service (NCIS) and the Office of Special Investigations of the Armed
    Forces (OSI). Nevertheless, the NCIS admits, on its Internet page,
    that it has been installed in Rota since 1993. It confirms that it
    has offices and "resident units" there and recognises that it is
    responsible for carrying out missions in Spain, Portugal, Gibraltar,
    Morocco, the Western Sahara, Guinea-Bissau, Sierra Leone, Liberia,
    Ghana, Nigeria, Angola, Namibia and South Africa".
    
    It also mentions the existence of a protocol on "Industrial and
    Technological Cooperation in the Defence Filed" whose content remains
    secret and has not even been reported to Parliament. For those who
    are unaware of the interest of the Spanish government in buying
    United States interception and crypto-analysis communications
    technology, this agreement could go unnoticed. But this is not the
    case for those who fear that such an exchange be used for Spain to
    improve its current capabilities in technological espionage, with the
    consequent erosion of the right of inviolability of communications.
    
    Nevertheless, it seems that it will not be necessary for Spain to
    purchase this technology directly from the United States since the
    new Covenant mentions that "the Spanish authorities shall be entitled
    to the acquisition of any equipment, material, dis-mountable
    structure or supply that the United States Forces consider surplus to
    its inventory and plan to transfer to Spain". In this way, if
    NAVSECGRU receives new equipment and does not know what to do with
    the old tools, the Spanish army will have "first refusal" to buy
    them. In the same respect, if the Naval Security Group orders more
    material than it really needs, the Protocol authorises it to pass
    this on to the Spanish forces, because the document makes reference
    to the "surplus" material, not only second-hand products.
    
    The new defensive agreement likewise makes reference to a new chapter
    about "cooperation in military intelligence", whose results are more
    than palpable in the fight against the ETA terrorist group. In
    accordance with this protocol, which is also secret, the United
    States would seem to have placed its enormous communications
    espionage networks at the service of the Spanish authorities. Even
    though the Spanish espionage authorities do not have direct access to
    the technology that the North Americans use, such as the "Echelon"
    system, Spanish intelligence forces confirm that the USA has spent
    over a year providing valuable intelligence reports that have helped
    to trap ETA, to the point where its terrorists have recently been
    immobilised, fearful of making a mistake that leads to their capture.
    
    Erosion of the right to the inviolability of communications
    
    However, this success in the fight against terrorism, which all
    citizens certainly applaud, also needs to been from another
    perspective: the massive espionage systems make "sweeps" of the
    communications, intercepting those relating to criminals, but also
    those of other citizens who are not. As a spy who was working in the
    "Echelon" network explained, there are innocent people who fall
    through the "cracks in the system", with the consequent erosion of
    the right to inviolability of communications.
    
    There are presently no laws that regulate communications espionage
    beyond the borders of the country that carries out that activity, and
    with the changes that have taken place in the world following the
    terrorist attacks of September 11, 2001 in the United States, it is
    hard for new legislation to be passed that makes it possible to
    regulate it. In practice, the idea that "every citizen is innocent
    until proved otherwise" could now be stated in another way: "every
    citizen is suspicious until proven otherwise".
    
    So, the decisive factor from now on will be who citizens will be more
    afraid of, the criminals or the government. But while sides are
    taken, society will remain under the close watch of a group of
    talented people that not even George Orwell could have imagined in
    his book "1984".
    
    Montse Doval Avendaño
    mdovalat_private
    www.labitacora.com
    www.desdegalicia.com
    God put me on earth to accomplish many things.
    Right now I'm so far behind that I may never die.
    
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