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Reporter's Notebook: Jeremy Bigwood

The NSA's relationship with Reuters and AP

Sometimes Freedom of Information Act (FOIA) responses produce unexpected results.  Such is the case in a recent response from the secretive United States government’s National Security Agency (NSA) -- the agency that is now in the public limelight for listening to U.S. citizen’s telephone conversations without legal authorization or oversight.  In a letter dated February 2, 2006 and signed by its Director of Policy, the NSA revealed that it has contracts with at least two of the major mainstream press wire services, Reuters and Associated Press (AP), and that the information that it had received from these wire services could not be released to the public. Here in part is what the letter said:

“Information provided to NSA by Reuters and AP is protected against disclosure pursuant to 5 U.S.C. Section 552(b)(4).  The NSA contract with these companies precludes our release of this information.  Violation of these contracts could prevent the government from obtaining similar information in the future.”
The way the NSA response is written makes it seem like there is something major to hide, but this may not be the case.  Reuters and many other “mainstream” press agencies have contracts with not only the NSA, but with other U.S. government entities as well -- to supply news to these agencies as if they were newspapers.  This is “business as usual” and more than likely occurs with other governments too.  But it is also true that in a technical sense, Reuters and AP journalists work for these U.S. government agencies, although the funds from that work only represent an infinitely miniscule part of their salaries.

And it is also a little strange that if Reuters and AP are only supplying the NSA with the same news that it is supplying the rest of us through our news media outlets – why can’t this information – apparently “old news” in this case – be released?

Since this happens all the time and does not represent a very large chunk of these journalists' income, it seems to be no big deal.  But this response from the NSA is certainly intriguing.

About Jeremy Bigwood

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NSA contracts with AP, Reuters are a big deal

Jeremy Bigwood shares the following with Narco News readers concerning a recent Freedom of Information Act request he made involving the National Security Agency (NSA):

… In a letter dated February 2, 2006 and signed by its Director of Policy, the NSA revealed that it has contracts with at least two of the major mainstream press wire services, Reuters and Associated Press (AP), and that the information that it had received from these wire services could not be released to the public. Here in part is what the letter said:

 “Information provided to NSA by Reuters and AP is protected against disclosure pursuant to 5 U.S.C. Section 552(b)(4).  The NSA contract with these companies precludes our release of this information.  Violation of these contracts could prevent the government from obtaining similar information in the future.”

 … If Reuters and AP are only supplying the NSA with the same news that it is supplying the rest of us through our news media outlets – why can’t this information – apparently “old news” in this case – be released?

Since this happens all the time and does not represent a very large chunk of these journalists' income, it seems to be no big deal.  But this response from the NSA is certainly intriguing.

I can only assume that Bigwood, who is a respected and courageous authentic journalist, is proffering his “no big deal” comment with a sardonic tongue in cheek.

Given the recently revealed domestic spying program being carried out by NSA under the orders of the president, some serious questions arise with respect to Bigwood’s revelations. Because, in my opinion, it is a “big deal” if any mainstream news service has a “contract” relationship with any spy agency (either foreign or domestic), particularly when that relationship is hidden from public view -- even when invoking the Freedom of Information Act.

Let’s take a look at portions of AP’s editorial mission statement as a starting point.

THE ASSOCIATED PRESS STATEMENT OF NEWS VALUES
AND PRINCIPLES

… But always and in all media, we insist on the highest standards of integrity and ethical behavior when we gather and deliver the news.

That means we abhor inaccuracies, carelessness, bias or distortions. It means we will not knowingly introduce false information into material intended for publication or broadcast…

… It means we avoid behavior or activities that create a conflict of interest and compromise our ability to report the news fairly and accurately, uninfluenced by any person or action.

… And ultimately, it means it is the responsibility of every one of us to ensure that these standards are upheld. Any time a question is raised about any aspect of our work, it should be taken seriously.

"I have no thought of saying The Associated Press is perfect. The frailties of human nature attach to it," wrote Melville Stone, the great general manager of the AP. But he went on to say that "the thing it is striving for is a truthful, unbiased report of the world's happenings … ethical in the highest degree."

He wrote those words in 1914. They are true today.

Well, if Stone were alive today, I wonder what he would have to say about AP contracting with spook agencies like NSA?

Some serious questions bear asking on this front, and I would hope AP does take them seriously.

How can AP assure the public -- in light of the news service’s 1st Amendment responsibilities -- that the NSA and other government agencies with a clear bias toward spying on other nations don’t misappropriate the AP megaphone to spread disinformation? How can assurance be provided that NSA and other intelligence agencies don’t actually use AP journalists, knowingly or not, to undertake what amounts to spying missions in the name of journalism?

AP’s bold mission statement alone is not enough assurance, in my view, particularly in light of some of the apparent caveats to that mission in the name of bolstering the business side of AP.

More from the AP mission statement:

… But in some respects, AP staffers must deal with gray areas.

… Also, the AP often has the right to use material from its members and subscribers; we sometimes take the work of newspapers, broadcasters and other outlets, rewrite it and transmit it without credit.

Might some of these other “outlets” include government agencies like the NSA? This does not seem like such an out-of-bounds question when we consider the types of tailored news services AP provides to its so-called clients.

Take for example AP Digital, and AP’s own description of that service:

AP Digital is a division of The Associated Press that provides news and information to Web sites, wireless operators, corporate and government desktops, information distributors and other commercial and new media applications.

With multimedia production resources and the ability to deliver information on a variety of technology platforms, AP Digital offers immediate access to breaking international, national and local news and topical features and creates interactive products using AP text, photos, graphics, audio and video and selected information from content partners. AP’s dynamic product portfolio also includes targeted industry-specific news packages and custom content categories that meet the information needs of specific audiences. Services are offered in English, Spanish, French, Dutch and German.

AP Digital also offers more than 30 categories of industry-targeted content, and premium state news for internal corporate and government use….

Given the government’s response to Bigwood’s FOIA request, that “information provided to NSA by Reuters and AP is protected against disclosure” we have to wonder whether AP’s news delivery service might not, at times, creep over into a content-creation service for the NSA or other intelligence agencies.

What assurances do we have to the contrary, given that the public can’t even access contract details through FOIA?

This is a big deal.

The Queen’s Journalism

The inherent conflict between Reuters’ editorial mission statement and its business interests also raise some “big deal” questions with respect to the NSA contract revelation.  

From Reuters mission statement:

Reuters news operations are based on the company's  Trust Principles which stipulate that the integrity, independence and freedom from bias of Reuters must be upheld at all times.

… We do not take sides and attempt to reflect in our stories, pictures and video the views of all sides. We are not in the business of glorifying one side or another or of disseminating propaganda. Reuters journalists do not offer their own opinions or views….

Sounds noble. But then there’s the not-so-small matter of Reuters’ “Partner Benefits” package.

From Reuters’ Web site:

Partner Benefits

To enable successful partnerships, Reuters offers a solutions-focused partnering approach designed to rapidly expand business opportunities, accelerate time-to-market, and create competitive advantage.

We are committed to providing our partners high quality of service and support to ensure partner satisfaction: Key aspects of the Reuters Partner Program include:

— Single Point of Contact - As an alliance partner, you will be assigned a single point of contact within the Reuters Alliance Team. This individual is your advocate within Reuters and will work with you to provide access to the appropriate Reuters organizations to support our mutual goals.

— Ongoing Partner Communications – Constant, up-to-date communication is the key to a successful partnership. Reuters Partner Program insures you are up-to- date on Reuters events, marketing and product information.

— Partner Support – Reuters Partner Program provides our partners with appropriate support and access to drive joint success. From access to Reuters applications to technical support to training, Reuters is committed to focusing its resources to drive revenue for the partnership.

Regardless of your affiliation type, Reuters can help you deliver value because you matter and our customers matter. Apply now to be a Reuters Partner….

I wonder if NSA is a “Reuters Partner,” or could become one if it so desired? Would that then commit Reuters to supporting the “goals” of NSA? That seems like a big deal to me.

More about the “levels” of “partnership” in Reuters Partner Program:

Levels of Membership

Reuters Partner Program is designed to provide greater benefits to business partners who invest more in selling our products and services. To recognize our Partners investment in skills and sales, Reuter Partner Program has three membership levels:

Member level requires minimal entry-level commitment from our Partners, and in return, Reuters provides primarily electronic support covering a broad portfolio of Reuters products and technologies. This level is designed to provide you with a comprehensive introduction to the rich array of benefits and support that Reuters offers.

Premier level recognizes and rewards our Partners who make strong commitments to Reuters Products and Technologies with demonstrated skills, solutions or revenue achievement. Reuters delivers an enhanced level of marketing and sales support, skills development and technical enablement.

Global level is for our Partners who make very significant investments in Reuters Products and Technologies through a combination of skills, solutions, revenue achievement and high customer satisfaction. Reuters, in turn, provides the highest level of marketing, sales, and technical support with additional focus on joint planning and development of mutually strong relationships with our Global level partners….

Wow! Sounds like there’s a pretty gray line between Reuters’ news services and its desire to cultivate “mutually strong relationships” with its so-called “partners.”

Given that NSA sees fit to hide behind a FOIA exemption in choosing not to divulge the precise nature of its “contract” relationships with Reuters  and AP, I think we can only conclude that such relationships are a “big deal” that require much closer investigation. And maybe that investigation even merits funding from an organization interested in shining a brighter light on the nature of the “gray” corporate matter that seems to be enveloping the 1st Amendment responsibilities of these mainstream news organizations.

After all, what possible objection could AP or Reuters have in helping to shine more light on these fundamental questions involving freedom of the press?

Like AP says in its mission statement:

“Any time a question is raised about any aspect of our work, it should be taken seriously.”

NSA - Reuters/AP contracts deserve more research

Journalist Bill Conroy has brought up some very important issues in his response to my posting ón the NSA contracts with Reuters and the AP – and I agree with him that these deserve a more thorough investigation.

I have also heard from other journalists who feel that I have been unfair by not offering AP and Reuters the opportunity to explain the nature of their contracts with the NSA.  Please stay tuned for these wire services responses and the results of other interviews on this subject.

The Bizarre Secrecy of 'Open-Source Intelligence'

I wonder if the NSA refuses to provide additional information out of habit -- a bad habit fueled by the legal secrecy afforded it by the statute Mr. Bigwood cites in his article. In the few times I expended energy trying to get a response from the NSA and CIA in the past -- even when it was a response I sought to something potentially less-than-nefarious -- their spokespeople said "no comment."

Anyhow, in the absence of a detailed NSA contract with AP or Reuter, out of curiosity I researched how and why federal entities in general buy news services and other "open source data services." This may -- or admittedly may not -- shed light on what even spy agencies are doing with this info.

According to one such contracting document, the U.S. Special Operations Command sought to hire a researcher to "consult on, and to create Open Source Intelligence (OSINT) products and services as required by {USSOC)." These "products and services" included what the agency called "Rapid-response deep Internet and commercial (fee for service) research"; "Acquisition of specified overtly available information products and data services"; surveys of "foreign terrorist, guerilla and insurgent groups on the Internet and newsgroups within the indexed and un-indexed World Wide Web (WWW)"; and even "Procurement of Russian military maps and other forms of geospatial information ."

More specific to AP and Reuters (with emphasis on Reuters contracts/solicitations only to lessen the size of this post, a March 2, 2005 document (further amended with a contractor Q&A) that I found via the FedBizOpps database, shows how several in-house entities/services of the Executive Office of the President (EOP) distribute custom-tailored lists of daily news stories that are not exclusively made for EOP, but are otherwise publicly available.

These entities include the White House News Service, the Office of National Drug Control Policy News Briefing, and the Office of the Vice President News Clips. They buy, and then distribute, summaries/briefings from various news sources specified under the contract.

The VP service, for instance, seeks to:

focus on news in (NEWSPAPERS): The Washington Post, Wall Street Journal, New York Times, Washington Times, USA Today, Los Angeles Times, Detroit News, New York Post, Baltimore Sun, Miami Herald, Chicago Tribune, Seattle Post-Intelligencer, Atlanta Constitution-Journal, the Boston Globe; (WIRES): AP, Reuters, Bloomberg, Dow Jones, UPI; (TELEVISION): national news from ABC, CBS, NBC, PBS, CNN and MSNBC, FOXNEWS; and (NEWSWEEKLIES): Newsweek, TIME, and U.S.News & World Report. Offeror must also monitor the nation’s remaining media, including most regional and local newspapers, local TV news, Internet news, relevant specialty press, and some overseas press, for unique or breaking stories. DELIVERY: The clips document shall be delivered by e-mail to the Vice President’s Press Office Monday through Friday by 6:00 a.m. Eastern Time and on Saturday and Sunday by 9:30 a.m. Eastern Time. EDITORIAL APPROACH: The OVPNC briefing documents must be written such that they inform EOP officials completely without forcing them to read redundant or irrelevant information such as would be found in the original full-text stories.

Numerous other federal agencies and departments solicit wire-service news summary/briefings that are "applicable to their respective missions," as some have more or less stated. These would include the U.S. Navy, which last month sought to buy a one-year subscription to Reuters World Service (a subscription for which last year it paid $59,920); the Secret Service; the Commodity Futures Trading Commission; the Office of Naval Intelligence; the Broadcasting Board of Governors; the Department of Energy; and the Treasury Dept..

I know this doesn't solve the problem of an uncooperative and secretive NSA contract, but perhaps it might spark some additional ideas or avenues of inquiry.

Follow-up on the wire services

First I would like to thank the federal government contracts specialist Stephen Peacock for his commentary.

Since my last post (above) I have contacted the spokespeople for Reuters and AP and sent them the following questions relating to their respective contracts with the NSA:

  1. How large is your contract with NSA?
  2. How big is the NSA contract in comparison with your U.S. newspaper and media contracts?”
  3. Do you have similar contracts with other U.S. government agencies?
  4. Do you have contracts with other governments?
  5. When did this contract start?
  6. What does this contract supply?
  7. Does the NSA ever ask your company to do “special stories” of work on any subjects?
  8. Does the NSA ever recommend that certain people get hired or promoted?
And to Reuters, based on Bill Conroy's commentary (above), I added:
9. Is NSA a “Reuters partner”?

The response to these detailed questions was curt. "We don't talk about contracts," said Jack Stokes, the spokesperson for AP Corporate Communications.  Samantha Topping, Reuter's Director of Media Relations was no more forthcoming, stating: "I can't offer any information about our clients. We don't talk about our clients." When I tried to obtain more information, she responded "No comment".

A follow-up e-mail from AP arrived later: “AP Digital sells a variety of news packages to corporate and government intranet clients in the United States for internal informational use only. Such clients are prohibited from redistributing AP news stories externally. See details on the front page of our corporate Internet site under "Buy AP News" or go directly to http://www.apdigitalnews.com/about.html.”

Of the eight questions above, only the question regarding similar contracts with other government agencies was answered, and then only by AP. We can take this answer as a confirmation that the AP has contracts with other government agencies besides the NSA.

The lack of transparency in these responses is stunning. If we were to reverse the roles and instead it was wire service journalists who were on the receiving end of such short and opaque responses, these would be undoubtedly viewed with great suspicion.  Clearly, Reuters and AP should have come clean and answered at least some of the questions, especially with regard to any influence these contracts may have had on the behavior of their wire services. To have done otherwise only keeps us all wondering exactly what is the relationship between NSA and these wire services.

Standing guard on the thin ink line

In light of Jeremy Bigwood’s efforts to get a response from AP and Reuters, the following rant is in order….

It seems to me that with the advent of satellite technology, the Internet and the broadband “global village,” the line between journalism and intelligence gathering has become increasingly obscured. In fact, it appears that thin ink line has already been breached in some sectors of the media.

The following report from the Christian Science Monitor sheds a bit of light on the clear and present danger of the emerging Tower of Media Babble:

US plans massive data sweep

Little-known data-collection system could troll news, blogs, even e-mails. Will it go too far?

The US government is developing a massive computer system that can collect huge amounts of data and, by linking far-flung information from blogs and e-mail to government records and intelligence reports, search for patterns of terrorist activity.

The system - parts of which are operational, parts of which are still under development - is already credited with helping to foil some plots. It is the federal government's latest attempt to use broad data-collection and powerful analysis in the fight against terrorism. But by delving deeply into the digital minutiae of American life, the program is also raising concerns that the government is intruding too deeply into citizens' privacy.

"We don't realize that, as we live our lives and make little choices, like buying groceries, buying on Amazon, Googling, we're leaving traces everywhere," says Lee Tien, a staff attorney with the Electronic Frontier Foundation. "We have an attitude that no one will connect all those dots. But these programs are about connecting those dots - analyzing and aggregating them - in a way that we haven't thought about. It's one of the underlying fundamental issues we have yet to come to grips with."

… Amid the furor over electronic eavesdropping by the National Security Agency, Congress may be poised to expand its scrutiny of government efforts to "mine" public data for hints of terrorist activity.

"One element of the NSA's domestic spying program that has gotten too little attention is the government's reportedly widespread use of data-mining technology to analyze the communications of ordinary Americans," said Sen. Russell Feingold (D) of Wisconsin in a Jan. 23 statement.

Senator Feingold is among a handful of congressmen who have in the past sponsored legislation - unsuccessfully - to require federal agencies to report on data-mining programs and how they maintain privacy.

Without oversight and accountability, critics say, even well-intentioned counterterrorism programs could experience mission creep, having their purview expanded to include non-terrorists - or even political opponents or groups. "The development of this type of data-mining technology has serious implications for the future of personal privacy," says Steven Aftergood of the Federation of American Scientists.

As long as technology continues to advance, we may not be able to prevent governments from using the Internet and the media to feed their spook software programs. Maybe, in some folks’ minds, such data-mining efforts are justified in cases where they help to identify criminal or terrorist activity aimed against innocent people. But it is equally true that data mining can be used as a tool to control the population and for targeting and retaliating against legitimate political dissent.

And as with any data-based program, if you put garbage in, you get garbage back. If you frontload such data-mining technology with false information designed to identify political targets, you can create the “probable cause” to take action against those “political enemies,” even absent court-sanctioned warrants.

How we deal with this “Brave New World” is a storyline that is yet to unfold. But one thing seems clear to me in terms of where journalists must line up on the battlefront. We should not be actively participating in building Big Brother’s Tower of Media Babble. If integrity means anything in journalism, then we must remain government watchdogs, not lapdogs.  

If we fail to maintain that line of independence, that authenticity (even in the face of pressure to act to the contrary out of some misguided sense of patriotic duty) we become little more than extensions of national intelligence-gathering apparatus, and all journalists spies in the field. That will be the end of the free press, and the beginning of a free-press pretense. Some might argue we have already lost the battle on many fronts of that struggle – which, by extension, puts the lives of many honest journalists in danger around the world.

That is all the more reason, with respect to AP and Reuters, to insist on transparency. We must know more about the contract relationships they have with the NSA and other intelligence-gathering agencies (foreign or domestic). Are these contracts helping to buff up Big Brother? Have these wire-service corporations, through these contracts, compromised our constitutionally protected Fourth Estate and its role in helping to keep an eye on Big Brother and the spy-making machinery — for the benefit of the democracy?

Some will argue that I’m jumping to conclusions, that there is a lot more grey shade along the thin ink line than my press-freedom absolutism can account for in the real world. What about the Danish cartoons that are spurring such a violent reaction in the Muslim world? Is that not evidence that there are limits to a free press; that it must at times be compromised in order to protect democracy?

All I can say to that bit of misdirection is that cartoons don’t kill people. Maybe it’s time we look to the source of the fire and rage in our world, instead of blaming a cartoonist for throwing a newspaper into the blaze. Nobody in the Tower of Media Babble has seriously suggested banning religion (whether it be Christianity, Islam or Judaism), yet many have been very quick to use the media, the “free press,” to further fan the flames of religious zealotry across the globe.

We must not be confused by those who seek to take away our freedoms in the name of preserving them. Likewise, journalists must not be tricked into believing integrity can be compromised in the name of patriotism or monetary gain. Absent a credible, authentic press, society itself becomes muzzled and incapable of making informed decisions that can help solve the world’s problems and empower democracy.

The line on this issue is clearly marked, in my view. The relationship between journalism and spying, ultimately, must be like the binary code used to build these vast data-mining software spook machines: It is either on or off; in this case, we must be sure the code reads “off.”

The Media's Watchdog Role

The apparent widespread use of paid media services by government, including espionage agencies, makes it look like the media have in fact moved from lapdogs to watchdogs.  But the government is holding the leash... and we're being watched.

National Security Agency responds to Narcosphere

I’ll let the National Security Agency (NSA) have the last word on the issue of its relationship with the corporate news media.  The following is from a March 30th, 2006 response to a November 29th, 1995 FOIA request for documents the NSA holds on the Zapatista movement (EZLN).  While the NSA took over ten (10) years to respond to the original FOIA request and withheld some 149 documents, it used this opportunity to respond to our questions about its relationship with AP and Reuters with far greater transparency than AP or Reuters did (see their responses above).  Below is the relevant part of the NSA FOIA response:

“Seven other documents (11 pages) have been reviewed by this Agency as required by FOIA, and although unclassified, the information responsive to your request is based upon Reuters News Service, Associated Press (AP) reports, and Dow Jones reports. As do many government agencies and private industries, NSA subscribes to Reuters, AP, and Dow Jones news services and is prohibited by contract from further public dissemination as NSA is not the owner or the originator of the information. Provision of this information would be in direct violation of our subscription contract and could result in NSA losing these news services; therefore, the information provided to NSA by Reuters, AP, and Dow Jones is protected against disclosure pursuant to 5 U.S.C. Section 552(b)(4) and is exempt from release pursuant to the fourth exemption of the FOIA.”

So, according to NSA, it buys “open source’ press material from at the very least Reuters, AP, and Dow Jones -- as do many other government agencies and private industries.  If the NSA didn’t buy these news services, we would probably malign it for not “keeping up” with the news. So until and unless there is other evidence to consider, we should probably accept this NSA explanation as the last word.  

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