When The Guardian and Washington Post published Snowden's first documents on June 5, 2013, the world learned that the NSA's surveillance capabilities extended far beyond what anyone had imagined:
- PRISM collected data from nine major tech companies, accounting for 91% of the NSA's internet traffic acquired under FISA Section 702 authority
- XKeyscore could search through terabytes of raw internet data globally, processing emails, chats, and browsing histories of millions
- The NSA collected telephone metadata on millions of Verizon customers daily, including time, location, and duration of calls
- The Five Eyes alliance (US, UK, Canada, Australia, New Zealand) shared this intelligence by default, creating a truly global surveillance network
PRISM: The Crown Jewel
PRISM, which began in 2007 under the Bush Administration, represents what the NSA itself described as the "number one source of raw intelligence used for NSA analytic reports."
How It Works
Operating under the supervision of the Foreign Intelligence Surveillance Court (FISC) and authorized by Section 702 of the FISA Amendments Act, PRISM compels major internet companies to turn over user data that matches court-approved search terms.
Companies involved include:
- Apple
- Microsoft
- Yahoo
- And others
Data collected:
- Emails and documents
- Photos and videos
- Audio and video chats
- File transfers
- Social networking data
While initial reports suggested the NSA had "direct access" to company servers, subsequent clarification revealed that data is collected "from the servers" through compelled cooperation—a distinction that matters legally, if not practically.
XKeyscore: The Widest Net
If PRISM is surgical, XKeyscore is a dragnet. Described in NSA training materials as the agency's "widest-reaching" system, XKeyscore enables what Snowden and journalist Glenn Greenwald called "almost unlimited surveillance globally."
Capabilities
XKeyscore allows analysts to:
- Query massive databases by name, telephone number, IP address, keywords, language, or browser type
- Read the content of stored emails and social media chats
- Access internet browsing histories of millions
- Process content data (stored 3-5 days) and metadata (stored up to 30 days)
According to a 2021 Privacy and Civil Liberties Oversight Board (PCLOB) report, the program relies on "autonomous collection of massive data sets" driven by artificial intelligence—raising questions about algorithmic surveillance that few have answered.
The Legal Framework: A Fiction of Oversight
The legal justification for these programs rests on a foundation many constitutional scholars consider cracked.
Section 215 of the PATRIOT Act
Originally designed for targeted investigations, Section 215 was interpreted by secret FISA court rulings to allow bulk collection of "any tangible thing" relevant to terrorism investigations—a standard dramatically lower than the "probable cause" required in criminal cases.
How it worked:
- Government lawyers appear before the FISA court (no opposing counsel)
- Court issues secret orders to telecommunications companies
- Companies hand over vast quantities of data
- Process repeats daily
Between 2009 and 2012, FISA court applications under Section 215 increased from 21 to 212—with zero denials.
The Constitution vs. National Security
Critics argue this framework violates:
- Fourth Amendment: Protection against unreasonable searches and seizures
- First Amendment: Freedom of association (who you call reveals your network)
In 2020, a federal court finally ruled the NSA's mass surveillance program illegal and potentially unconstitutional—seven years after Snowden's revelations.
Five Eyes: A Supra-National Intelligence Organization
Perhaps the most troubling revelation was the extent of international cooperation. The Five Eyes alliance, which originated after World War II, has evolved into what Privacy International calls "a supra-national intelligence organisation that does not answer to the known laws of its own countries."
The Loophole
Here's the elegant workaround: domestic law might restrict the NSA from spying on Americans without a warrant, but it doesn't prevent the UK's GCHQ from doing so and sharing the results. And vice versa.
Key Five Eyes programs:
- UK's Tempora: Taps fiber-optic cables to gather massive internet and phone traffic
- Shared XKeyscore access among all member nations
- Default intelligence sharing agreements
The alliance has expanded its focus from Cold War adversaries to "war on terror" targets to, increasingly, mass internet monitoring of ordinary citizens.
The Modern Surveillance State
What We Know Now
Thanks to Snowden, we understand that:
- Scale is unprecedented: The NSA processes billions of communications daily
- Tech companies are complicit: Whether voluntarily or under court order, major platforms provide data access
- Encryption is targeted: Post-quantum cryptography development is partly driven by surveillance capabilities
- Oversight is theater: FISA court approval is nearly automatic; Congress often learns about programs from journalists
What We Still Don't Know
Despite the revelations, much remains classified:
- Full extent of AI-driven surveillance algorithms
- Complete list of companies cooperating with intelligence agencies
- Capabilities of systems developed since 2013
- How collected data is actually used (and misused)
The Price of Exposure
Edward Snowden remains in exile in Russia, charged under the Espionage Act. The U.S. government has consistently refused to offer him a fair trial guarantee, despite his revelations leading to:
- The USA Freedom Act (2015), which purported to end bulk collection
- Increased encryption adoption by tech companies
- Global awareness of mass surveillance
- Legal challenges to government overreach
Yet Section 215 expired only in 2020, and "grandfather clauses" kept investigations initiated before that date under its authority.
What You Can Do
Understanding surveillance is the first step to resisting it:
Technical measures:
- Use end-to-end encrypted messaging (Signal, not WhatsApp)
- Browse with Tor for sensitive research
- Use VPNs (though Five Eyes nations require VPN providers to log data)
- Encrypt your emails (PGP/GPG)
Political action:
- Support organizations like the EFF and ACLU challenging surveillance
- Contact representatives about privacy legislation
- Demand transparency in FISA court proceedings
Mental shift:
- Assume your communications are collectible
- Practice operational security for sensitive topics
- Question the "nothing to hide" fallacy
The Uncomfortable Truth
We live in an era where the technology theoretically exists to monitor every communication, track every movement, and analyze every digital interaction. The Snowden documents proved this isn't paranoid speculation—it's documented fact.
The question isn't whether mass surveillance happens. It's whether we'll accept it as the price of security, or demand that democratic societies find another way.
Sources
- Wikipedia - PRISM (surveillance program). https://en.wikipedia.org/wiki/PRISM
- The Guardian - "NSA Prism program taps in to user data." June 2013.
- Wikipedia - XKeyscore. https://en.wikipedia.org/wiki/XKeyscore
- Privacy International - "Five Eyes Intelligence Alliance." https://privacyinternational.org
- Electronic Frontier Foundation - "NSA Spying." https://www.eff.org/nsa-spying
- ACLU - "NSA Documents Released to the Public Since June 2013." https://www.aclu.org
- Privacy and Civil Liberties Oversight Board reports (2021)
- USA PATRIOT Act Section 215 - Congressional Research Service
- Brennan Center for Justice - "The FISA Court and Transparency"
- History.com - "Edward Snowden: Whistleblower or Traitor?"
This article is based on publicly available documents, court records, and credible journalism. All claims are sourced from verified information released through official channels or reputable news organizations.
