How Mark Klein told the EFF about Room 641A [book excerpt]

(mitpress.mit.edu)

271 points | by the-mitr 3 hours ago

16 comments

  • anonymousiam 8 minutes ago
    "One big change impacting surveillance was clear: Prior to September 11, the U.S. had what could reasonably be called a “wall” separating foreign surveillance for national security purposes done by the NSA from domestic surveillance for law enforcement purposes done by the FBI."

    It turns out that the above statement is not entirely correct. I was aware of this rule at the time (early 90's), and was very surprised to find that it had been routinely violated for at least a decade. Unlike Snowden, I kept this to myself because I had signed (many) NDAs with the US Government.

  • zuzululu 50 minutes ago
    Instances like this is a powerful statement that truly free and democratic governance is not sustainable in the long run with technological advancements.

    We are basically trading marginal comforts from new technology in the short run for political freedom in the long run and the latency is decreasing.

    The difference is overt governance of this nature is vilified and amplified in the media and the covert governance is insulated and critics marginalized.

    • blurbleblurble 10 minutes ago
      They're sustainable but require major cultural revolution to keep up.
  • rsingel 1 hour ago
    This is a great behind-the-scenes look at the NSA-Hepting case.

    Can't wait to read Cohn's book.

    Also RIP Mark Klein. A true American hero who never tried to turn his whistle-blowing into becoming a celebrity.

  • wawaWiWa2 12 minutes ago
    If the documents are classified. And you dont know the levels of it.

    I would never hand them over. As i dont know who is cleared. And wait for the court to decide what should i do with them. Or meet the president and hand them personally. By the good semeriton, should protect the lawyes, as they did their best to hold the secret.

    I am no lawyer .

  • throwworhtthrow 2 hours ago
    Beware, this is a book excerpt rather than a standalone blog post, so it ends on a cliffhanger. Still a fun read.
    • SamBam 1 hour ago
      Cliffhanger! Did it end with millions of Americans being freed forever from government surveillance?!?

      j/k It's a good excerpt, and makes me want to read the book.

    • onei 2 hours ago
      There's more info about the outcome in [1]. Long story short, the US government passed a law (whilst this case was being litigated) that let AT&T off the hook.

      [1]: https://en.wikipedia.org/wiki/Hepting_v._AT%26T

      • autoexec 51 minutes ago
        While I was upset to hear how that ended, it's also unfair to expect a company to refuse when the government shows up with guns, takes over a part of your offices, and tells you to stay out of their way and never tell anyone what they are doing or else you'll be killed or sent to a secret torture prison for the rest of your life.

        That's not a situation that's supposed to happen in a free country, but here we are. If you're handed a gag order by the federal government and can't even tell your lawyers about what happened what options does a company have? How many CEOs and low level employees should we expect to volunteer to have their lives destroyed by refusing to cooperate with the government's illegal surveillance schemes?

        At&t may not have been coerced quite that aggressively, but these kinds of problems need to be addressed by people other than the private companies who are themselves victims of government oppression. Having said that, not every company is a totally unwilling participant either. There are companies who are happy to make a lot of money by selling our private data to the government. ISPs and phone companies even bill police departments for things like wiretaps and access to online portals where they can collect customer's data. State surveillance (legal or otherwise) shouldn't be allowed to become a revenue stream for private corporations. In fact it should be costly.

        Considering the massively disproportionate amount of influence corporations have over our government (mostly as a result of their own bribes) it's tempting to want to make compliance so costly to companies that they're compelled to try to use some of that influence to stop or limit domestic surveillance by the state, but honestly I doubt that even they have enough power to stop it. Snowden showed us that even congress doesn't have the power to regulate these agencies. The head of the NSA, under oath, lied right to their faces by denying that their illegal wiretapping scheme even existed. You can't regulate something you aren't allowed to know exists. He also faced zero consequences for those lies which tells us that he's basically untouchable.

        Obama was elected on campaign promises that he would end the NSA's domestic surveillance programs. Obama was an expert on constitutional law and taught courses on it at the University of Chicago. He spoke out passionately about how unconstitutional and dangerous such programs were. After he was elected his stance quickly changed. He not only started publicly praising the NSA, he actually expanded their surveillance powers. Maybe the NSA showed him a bunch of top secret evidence that scared him enough to make him willing to accept the dangers of their surveillance despite knowing the risks and unconstitutionality. Maybe the NSA strong-armed him. Either way, not even the US president had the power to stop the NSA. It's pretty unreasonable to expect that AT&T would.

    • dang 1 hour ago
      I've put that detail in the title above - perhaps it will help nudge the thread ontopicward.
  • jperoutek 1 hour ago
    Didn't see it in the actual text of the article, but as a caption of one of the images. The actual book this is excerpted from is Privacy's Defender by Cindy Cohn https://mitpress.mit.edu/9780262051248/privacys-defender/
    • evan_a_a 1 hour ago
      Aka the Executive Director of the EFF.
  • HocusLocus 1 hour ago
    I think Perfect Forward Secrecy has a great deal to do with how things have turned out. In the days of Room 641A, copying and diverting fiber traffic to somewhere like Utah even before it could be read, would have conferred an advantage if it was encrypted (and important enough for other attacks like black bag jobs on servers). PFS has turned ephemeral encryption into the garbage it deserves to be.
  • tedd4u 2 hours ago
    This is literally old news - contemporaneous with Snowden, Prism, etc. in early 2000s. Go read about the current Section 702 / FISA authorization renewal battle about which Senator Wyden recently said:

        “I strongly believe that this matter can and should be declassified and that Congress needs to debate it openly before Section 702 is reauthorized,” Wyden said in a Senate floor speech last month. “In fact, when it is eventually declassified, the American people will be stunned that it took so long and that Congress has been debating this authority with insufficient information.”
    
    
    Some articles:

    https://time.com/article/2026/04/27/fisa-fbi-spying-surveill...

    https://www.motherjones.com/politics/2026/04/trump-congress-...

    • Calebp 1 hour ago
      Well, this report to EFF happened in Jan 2006, and the Snowden/Prism leak happened in 2013, so at the time, it was in fact not "old news". I don't think Prism was even in operation until 2007.

      https://en.wikipedia.org/wiki/PRISM https://en.wikipedia.org/wiki/Snowden_disclosures

    • Barbing 6 minutes ago
      Thank you for the links!

      It’s good to understand the new. Also of course good to understand where we came from, imagine a number of users are hearing about PRISM for the first time with this post.

  • bsimpson 27 minutes ago
    So much of surveillance should be blatantly illegal/unconstitutional, but I really don't understand how there can be such a thing as documents that are illegal to possess.
  • GeekyBear 1 hour ago
    The problem is that modern Americans politicize everything.

    There was a short period at the end of the Bush years when this was a big deal, but as soon as the gaslighting was coming from both political teams, it became a non-issue politically.

    > President Obama defended the U.S. government's surveillance programs, telling NBC's Jay Leno on Tuesday that: "There is no spying on Americans."

    "We don't have a domestic spying program," Obama said on The Tonight Show with Jay Leno. "What we do have is some mechanisms that can track a phone number or an email address that is connected to a terrorist attack. ... That information is useful."

    https://www.npr.org/sections/thetwo-way/2013/08/06/209692380...

    • ambicapter 20 minutes ago
      Everything _is_ political, as the other comment says. The problem is that no one talks about "governance", they just talk about "politics", which is not the same thing. Governance is the question of what good government should look like. Politics is just about accumulating power.
    • bigyabai 58 minutes ago
      > The problem is that modern Americans politicize everything.

      Everything is political. Electric cars, crude oil, rocket launches, rare earth metals, cargo transportation, public transportation, housing, taxation, data, compute... which of those aren't political?

      The problem is Americans believing obvious lies like "Privacy is a human right" and "Don't be evil" and then blaming the government instead of themselves.

    • krunck 1 hour ago
      That's the what's required to make propaganda and manipulation work the best.
    • Spooky23 1 hour ago
      Ironically from the perspective of 2026, the actual "conservative" conservatives were the key opponents. The "total information awareness" and national ID efforts were really killed by the conservatives in congress. The "neocons" and moderate/conservative democrats were mostly fine with both.
  • Vaslo 1 hour ago
    The HN headline really should use the title of the article. Almost no one knows what room 641F means.
  • rdevilla 1 hour ago
    Entire generations of people who were never alive to remember a world where their every movement and utterance was not being tracked by the advertising/surveillance industrial complex.

    It's just considered normal now. The west is very sick.

    • normalaccess 1 hour ago
      You spelled world wrong. China has their social credit, EU has their cameras, America has Palantir, Starlink has internet everywhere, 5G can be used as radar, global age verification is being deployed globally, ect... Babylon reborn.
      • alecco 34 minutes ago
        UK: hold my beer...
        • whilenot-dev 22 minutes ago
          I think GP meant to s/EU/UK/, as in "UK has their cameras", because "EU has their cameras" doesn't make much sense to me as EU citizen...
    • railgunmerlin 1 hour ago
      Are we pretending this isn't a global phenomenon?
      • idiotsecant 1 hour ago
        Of course all governments want to control every move and thought of their citizens. It makes governing easier. We expect that in autocracies.

        I don't know about The West as a bloc, but at least the USA was supposed to have respect for the basic individualistic privacy and freedom of the average citizen. We've allowed that to largely evaporate. The differences between the US and something like the PRC are rapidly eroding.

        Don't get me wrong, the US is still an order of magnitude more free but you can see a future where the trend lines are converging.

        • heikkilevanto 33 minutes ago
          > Of course all governments want to control every move and thought of their citizens. It makes governing easier. We expect that in autocracies.

          Are you implying that all governments are autocracies? Rather pessimistic view, in my opinion.

      • mc32 1 hour ago
        In many ways the west is copying what the East and the Middle East are doing. It’s quite concerning that democratic governments and their electorate are going with it, but to be “fair” this seems to be a somewhat orchestrated global phenomenon. Of course it’s not good.
      • rdevilla 1 hour ago
        Overseas, cash is king. In Canada, and also in San Francisco, you can only tap your credit card because cash carries COVID [0].

        [0] https://www.cbc.ca/news/health/cash-coronavirus-questions-an...

        • bsimpson 28 minutes ago
          The US adopted credit cards before the rest of the world, so we ended up with a worse network (essentially ossified at v1 when later adopters got v2 or v3).

          Corona paranoia incentivized upgraded to tap-to-pay, but it was already prevalent in other parts of the world. It was more ubiquitous in Singapore in 2019 than it is in the US even now.

        • mcsniff 1 hour ago
          If a shop won't accept cash, I just leave.
          • rdevilla 1 hour ago
            You weren't transacting at all in Toronto during COVID then.

            This is the endgame of surveillance capitalism: submission, or opting out. Few can, or care enough to, do the latter.

            • lolstarz 37 minutes ago
              I'm as concerned about the surveillance state as anyone but let's keep our history constrained by fact. I live in Toronto too and it was still true that for many, many places cash was fine. Cash discounts are super common in various parts of the city and this was still true during COVID.
              • rdevilla 35 minutes ago
                > let's keep our history constrained by fact. I live in Toronto too

                This is hilarious. Toronto has no respect for facts, it has shown it will just fabricate histories out of whole cloth.

                Nevertheless I'm tired of people citing anecdata and personal experience when upthread I have linked to a CBC article discussing a Bank of Canada report "arguing that cash-based transactions have plummeted from 54 per cent in 2009 to 10 per cent as of 2021."

                https://www.cbc.ca/news/canada/ottawa/canada-sleepwalking-in...

            • stronglikedan 33 minutes ago
              > You weren't transacting at all in Toronto during COVID then.

              There's always someone will to take cash. It's still king, despite the naysayers.

        • john_strinlai 41 minutes ago
          >you can only tap your credit card because cash carries COVID [0]

          maybe during peak covid? but certainly not now. this comment is either being intentionally disingenuous or just parroting a random article from an extraordinary (and no longer applicable) time of our lives and presenting it as if its still the current status quo.

          i am in canada for weeks at a time multiple times per year, and i have family that live in BC, AB, and ON.

          cash is my primary form of payment and not once have i been turned down using cash on any of my visits. not once has family complained about being unable to use cash (several of the older of them, like me, primarily use cash).

          • rdevilla 40 minutes ago
            Congratulations, you are the 1 in 10. This is why we don't use anecdata.

            > Even a report commissioned by the Bank of Canada suggests it's time to protect access to money.

            > That report, titled "Social policy implications for a less-cash society," recommends legislative action, arguing that cash-based transactions have plummeted from 54 per cent in 2009 to 10 per cent as of 2021.

            https://www.cbc.ca/news/canada/ottawa/canada-sleepwalking-in...

            • john_strinlai 38 minutes ago
              doesn't matter what the proportion is.

              the fact is i can still use cash, despite your very bold claim otherwise.

              whats your goal with the misinformation, anyways?

              • rdevilla 32 minutes ago
                Why don't you just misgender me next while you're making assumptions?

                I don't give a shit about this point actually. This thread was supposed to be about digital privacy until people derailed it into gerrymandering what "the west" means and me trying to illustrate one possible difference between cultures before offroading into a tangent about cash.

        • railgunmerlin 1 hour ago
          curious which overseas country that doesn't fall under the 'west' has cash as king
        • charcircuit 32 minutes ago
          Credit cards are more convenient.

          1. Double tap power button on a phone you are already holding

          2. Tap the reader

          Versus

          1. Find an ATM

          2. Take your wallet out of your pocket

          3. Take your card out of your wallet

          4. Spend a minute withdrawing cash from the ATM

          5. Put the cash in your wallet

          6. Put your wallet in your pants

          7. Go to the actual place you want to spend money

          8. Take your wallet out of your pocket

          9. Take cash out of your wallet

          10. Hand it over

          11. Wait to receive change

          12. Put the change in your wallet

          13. Put your wallet in your pocket

          If you want cash to make a resurgence you need to figure out how we can make a digital version of it.

    • bigyabai 1 hour ago

        That wisdom will not be much comfort to babies born last week. The first news they get in this world will be News subjected to Military Censorship. That is a given in wartime, along with massive campaigns of deliberately-planted "Dis-information." That is routine behavior in Wartime -- for all countries and all combatants -- and it makes life difficult for people who value real news.
      
      When War Drums Roll, Hunter S. Thompson, https://www.espn.com/page2/s/thompson/010918.html
  • firebot 2 hours ago
    Kevin Mitnick also discovered this.. ages ago.
  • mannanj 2 hours ago
    So, this is an uncomfortable read and comes from my personal experience. I'm posting this here as I haven't yet found great outlets and support for what I experienced, and this thread seems like a good spot. Open to outreach and support and ideas from people.

    In 2021-2022 I was vocal about the CIA being a terrorist organization (I bet many people adjacently believe similar things and are silent) and this got me attention from them. I posted several things I learned from documentaries and on the web, and from my personal background I think it was enough to trigger something in their system. From that time onwards, people I could best describe as Agents w/behavior that matches what professional interrogators would do kept showing up at public events I was a part of and in the most terrifying scenario also infiltrated my public commune.

    There's an odd history with the FBI and possibly CIA and communes such as Osho the Bagawan (see, Netflix documentary) and I witnessed firsthand how deceptive, harmful and insidious this was. In some cases I believe substances were put in my food and drink, and in the cases matching that my body would later have adverse reactions with the agent's closely observing my behavior and consistently trying to elicit Black Web conversations. I had to flee and colocate to the familiarity of family and friends since, and only recently 3-years later have I been socializing my experience and writing to my congress and house representatives. That said, that was a month ago and they have yet to provide any substantive relief or support - I asked for assistance and guidance with investigating the intelligence community for misconduct as when they're doing this to Americans without any accountability, it undermines the integrity of our Country and I believe our national security. It brings into question who they are really serving. I'm no terrorist, even if I call you one and my skin color is brown and matches what the media-funded-by-the-CIA tells you to believe. I want this story documented and heard, believe what you will, though I leave you with the story that "We know our intelligence community does unethical things, its part of what we've given them the responsibility to do so we ourselves don't have to, and now when that unethical thing has happened to you or someone you know what do you do? What do you do when everyone you turn to for help gaslights you and tells you that surely did not happen? Find proof that the organization whose job it is to go undetected, did indeed do that thing to you." I ask for some empathy and understanding, please.

    • 2ndorderthought 2 hours ago
      Woah. First of all I hope you are aware there are multiple mental illnesses that can manifest with feelings of paranoia etc. like text book.

      Secondly. I doubt any agency is going to hurt or drug you over that. Investigate you? Maybe. But its not worth the money.

      Just keep in mind all the dangerous people who these groups investigated that they did nothing about that went on to do bad stuff. Although I'm sure these groups do take threats seriously, I don't think you are a threat.

      I'm worried about your mental health is all. I'm not saying that in a way like "you sound suicidal" because you don't at all. You just sound paranoid. Wishing you the best brother

      • bladegash 1 hour ago
        Yep, my thoughts as well. And I say this as someone who not only has a chronic mental health disorder that sometimes manifests as paranoia, but someone who used to work in the IC for 10 years (it has been a while since then).

        Is it possible? Sure. But it is very unlikely that much resources and effort would be devoted to someone that made a few critical comments.

        • 2ndorderthought 1 hour ago
          Yea I mean there are hundreds of thousands of ex punk rockers with "F [insert 3 letter agency here]" on their leather jackets and whatever. I don't think these types of people are that soft skinned they'd chase down everyone who said screw them.

          I post on here all the time reminding people that tech companies are defense companies. Because I think it's important people remember what that implies.

          No one is chasing me around or anything. At least I don't think so. I'm not saying put yourself in danger for your views. But I am saying, the world isn't as scary as anyone's brain can make it be.

          These are tough times. Managing stress and mental health is hard.

          Pretty cool of you to share your experiences bladegash. I always thought they wouldn't let people with mental health conditions into those environments. Shows what I know.

          • bladegash 1 hour ago
            > Pretty cool of you to share your experiences bladegash. I always thought they wouldn't let people with mental health conditions into those environments. Shows what I know.

            Some mental health conditions, like mine, don’t really show up until later in life and it is at least part of the reason I no longer work in that field :).

            However, things are well managed now and I have a good career in the private sector!

      • DubiousPusher 1 hour ago
        I would caution outright categorizing this as paranoia stemming from a mental illness. The problem with delusional paranoia and justifiable paranoia is that clinically they can present the same.

        > Just keep in mind all the dangerous people who these groups investigated that they did nothing about that went on to do bad stuff.

        There are numerous people that America's intelligence agencies have intimidated, harassed and yes drugged for similar reasons.

        OP, I hope you have been seen by a mental healthcare professional. They can help you determine the nature of these experiences. I hope you have extensively documented these experiences. Sharing that documentation with your family or others who you know to be sober in judgement is probably the only mechanism you have to distinguish if your experiences are based in reality.

        • 2ndorderthought 1 hour ago
          That's fair. I like the way you phrased this. It's a roadmap to staying and feeling safe but also possibly getting some help if it makes sense. Everyone needs a little help once in a while, and society right now is very isolating.
      • cindyllm 2 hours ago
        [dead]
    • mannanj 2 hours ago
      2nd post here. When I share posts matching particular phrases and labels, on HN, I've noticed them get downvoted as though by an algorithm. Would anyone be surprised if the agencies are themselves running bots, algorithms and accounts to affect visibility of discourse on threads like these?
      • beedeebeedee 2 hours ago
        That could be, but you should also be aware that many people will have the knee jerk reaction to reject statements like yours as being paranoid and delusional. Assuredly sometimes that is an appropriate response, but the drive to immediately reject narratives like yours is to protect ourselves from the doubt that validating your story would elicit. We do not want to believe those things are happening to those around us (even if we accept that they might be in general), and that is a fact that these organizations take advantage of. I wish you luck either way. Stay calm and suspend belief. We are human, and not only do we not know most things, the most important things we cannot know. You can build a composure that allows for many things to be true and not fully know which and still proceed. Otherwise you might be racked with doubt about who and how things appear and have trouble moving forward from this.
      • rkomorn 2 hours ago
        > as though by an algorithm

        How can you tell the difference between an algorithm and topics genuinely being consistently unpopular, though?

        > Would anyone be surprised if the agencies are themselves running bots, algorithms and accounts to affect visibility of discourse on threads like these?

        On HN specifically? Yeah.

        On actually popular platforms? No.

        • direwolf20 2 hours ago
          I run a HN voting algorithm and opinion manipulation system across a few hundred accounts - only a few on any individual post. I use residential proxies to prevent correlation. The account I'm using right now to confess this to you is one that's already been burned.

          Downvoting this comment is funny, because it's a burned account anyway, so not hurting me, and you want less people to know this fact about HN?

          • alwa 1 hour ago
            Do you represent an agency?
            • Karrot_Kream 1 hour ago
              Try it, it's really not that hard. I feel bad saying this and I don't do anything like this anymore but I did make a few accounts behind residential IPs that posted HN popular sentiments on topics that were actually factually incorrect and got a lot of upvotes pretty quickly. I stopped because I felt icky with how corrosive the whole thing could end up being. This was a while ago so not sure if new user sign up has become more difficult.

              It turns out that open web forums are mostly emotional places and often the most inflammatory or in group opinions rise to the top. With that knowledge, manipulation isn't that tough.

          • rkomorn 2 hours ago
            Not sure what your point is?
  • flordiaman2026 2 hours ago
    Same stuff different day. The United State's laws do not allow for direct domestic spying or something to that effect so they use Five Eyes anglosphere intelligence alliance marketplace as a loop hole. Since Reed Elsevier plc aka "RELX" has purchased LexisNexis who had purchased Seisint, Inc and the technology for Flordia's Multistate Anti-Terrorism Information Exchange Program "MATRIX", which was shut down due to privacy concerns by congress, it is only logical that the data aggregation technology is being used in full force now. There seems to be no other way but to allow 100% technology and communication introspection by the government to stop terrorism.
  • brcmthrowaway 1 hour ago
    Who runs this backbone now? CloudFlare?