Room 641A

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Room 641A is a telecommunication interception facility operated by AT&T for the U.S. National Security Agency, as part of its warrantless surveillance program as authorized by the Patriot Act. The facility commenced operations in 2003 and its purpose was publicly revealed by AT&T technician Mark Klein in 2006.

Description

Room 641A is located in the SBC Communications building at 611 Folsom Street, San Francisco, three floors of which were occupied by AT&T before SBC purchased AT&T. The room was referred to in internal AT&T documents as the SG3 [Study Group 3] Secure Room.

The room measures about {{convert|24|by|48|ft}} and contains several racks of equipment, including a Narus STA 6400, a device designed to intercept and analyze Internet communications at very high speeds. It is fed by fiber optic lines from beam splitters installed in fiber optic trunks carrying Internet backbone traffic. In the analysis of J. Scott Marcus, a former CTO for GTE and a former adviser to the Federal Communications Commission, it has access to all Internet traffic that passes through the building, and therefore "the capability to enable surveillance and analysis of internet content on a massive scale, including both overseas and purely domestic traffic."

The existence of the room was revealed by former AT&T technician Mark Klein and was the subject of a 2006 class action lawsuit by the Electronic Frontier Foundation against AT&T. Klein claims he was told that similar black rooms are operated at other facilities around the country.

Room 641A and the controversies surrounding it were subjects of an episode of Frontline,{{cite web|url=https://www.pbs.org/wgbh/pages/frontline/homefront/view/|title=Spying on the Homefront|work=Frontline|publisher=PBS|access-date=August 1, 2013}} the current affairs documentary program on PBS. It was originally broadcast on May 15, 2007. It was also featured on PBS's NOW on March 14, 2008. The room was also covered in the PBS Nova episode "The Spy Factory".

Lawsuits

The Electronic Frontier Foundation (EFF) filed a class-action lawsuit against AT&T on January 31, 2006, accusing the telecommunication company of violating the law and the privacy of its customers by collaborating with the National Security Agency (NSA) in a massive, illegal program to wiretap and data-mine Americans' communications. On July 20, 2006, a federal judge denied the government's and AT&T's motions to dismiss the case, chiefly on the ground of the state secrets privilege, allowing the lawsuit to go forward. On August 15, 2007, the case was heard by the Ninth Circuit Court of Appeals and was dismissed on December 29, 2011, based on a retroactive grant of immunity by Congress for telecommunications companies that cooperated with the government. The U.S. Supreme Court declined to hear the case.{{cite web |title=Hepting v. AT&T | Electronic Frontier Foundation |url=https://www.eff.org/cases/hepting |publisher=Eff.org |date=January 31, 2006 |access-date=February 12, 2014}}

A different case by the Electronic Frontier Foundation was filed on September 18, 2008, titled Jewel v. NSA. After many years of litigation, on April 25, 2019, the ruling from the Northern District of California for Jewel v. NSA concluded that the evidence presented by the plaintiff's experts was insufficient: "the Court confirms its earlier finding that Klein cannot establish the content, function, or purpose of the secure room at the AT&T site based on his own independent knowledge." The ruling noted that "Klein can only speculate about what data were actually processed and by whom in the secure room and how and for what purpose, as he was never involved in its operation." The Court further went on to discredit other experts called upon, citing their heavy reliance on the Klein declaration.

In the spring of 2006, over 50 other lawsuits were filed against various telecommunications companies, in response to the article.{{cite web |title=Hepting v. AT&T |url=https://www.eff.org/cases/hepting |website=Electronic Frontier Foundation |date=July 1, 2011}}

There has been speculation that several rooms similar to this exist all over the United States.{{cite journal |last=Wolfson |first=Stephen |title=The NSA, AT&T, and the Secrets of Room 641A |journal=VS: A Journal of Law and Policy for the Information Society |volume=3 |issue=3 |url=https://kb.osu.edu/bitstream/handle/1811/72816/1/ISJLP_V3N3_411.pdf |access-date=March 3, 2021}}{{cite news |last1=Gallagher |first1=Ryan |last2=Moltke |first2=Henrik |title=The NSA's Hidden Spy Hubs in Eight U.S. Cities |url=https://theintercept.com/2018/06/25/att-internet-nsa-spy-hubs/ |work=The Intercept |date=June 25, 2018 |access-date=March 4, 2021}}

Gallery

File:SER marcus decl.djvu|page=17|Page 17: Basic diagram of how the alleged wiretapping was accomplished. From EFF court filings.

File:SER klein exhibits.djvu|page=9|Page 9: More complicated diagram of how it allegedly worked. From EFF court filings.

File:Fiber optic tap.png|A fiber optic tap

References

{{reflist|30em|refs=

[https://www.eff.org/files/2019/04/25/2019-04-25_order_dckt_462_0.pdf Jewel v. NSA April 2019 ruling]

{{cite news

| title = The NSA Is Building the Country's Biggest Spy Center (Watch What You Say)

| first = James

| last = Bamford

| url = https://www.wired.com/threatlevel/2012/03/ff_nsadatacenter/all/1

| newspaper = Wired

| date = March 15, 2012

| access-date = April 23, 2012

}}

{{cite magazine

|url = http://www.wired.com/science/discoveries/news/2006/05/70908

|title = AT&T Whistle-Blower's Evidence

|magazine = Wired

|date = May 17, 2006

|access-date = February 27, 2009

|url-status = bot: unknown

|archive-url = https://web.archive.org/web/20140328094710/http://www.wired.com/science/discoveries/news/2006/05/70908

|archive-date = March 28, 2014

}}

{{cite web

|url=https://www.eff.org/cases/att

|title=NSA Multi-District Litigation

|publisher=Electronic Frontier Foundation

|access-date=February 27, 2009

}}

{{cite news

|last1=Kravets

|first1=David

|title=NSA Leak Vindicates AT&T Whistleblower

|url=https://www.wired.com/2013/06/nsa-whistleblower-klein/

|newspaper=Wired

|date=June 27, 2013

|access-date=June 26, 2019

}}

"Marcus Declaration" Document from Hepting vs AT&T lawsuit from 2006. Reported by Ryan Singel in Wired Magazine, article [https://www.wired.com/politics/law/news/2007/06/spy_room "AT&T 'Spy Room' Documents Unsealed; You've Already Seen Them"] 6/13/07, Documents posted at the Electronic Frontier Foundation [http://eff.org/legal/cases/att File "SER marcus decl.pdf website] (PDF)

"Klein Exhibit" Document from Hepting vs AT&T lawsuit from 2007. Reported by Ryan Singel in Wired Magazine, article [https://www.wired.com/politics/law/news/2007/06/spy_room "AT&T 'Spy Room' Documents Unsealed; You've Already Seen Them"] 6/13/07, Documents posted at the Electronic Frontier Foundation [http://eff.org/legal/cases/att File "SER_klein_exhibits.pdf website] (PDF)

}}

External links

{{cite web |title=Electronic Frontier Foundation's web page about NSA's domestic spying |url=https://www.eff.org/nsa-spying }}
{{cite web |title=Technician Mark Klein discussing Room 641A |work=Countdown episode |date=November 7, 2007 |via=YouTube |url=https://www.youtube.com/watch?v=QP2tKBtUpVg |archive-date=March 10, 2016 |archive-url=https://web.archive.org/web/20160310115202/https://www.youtube.com/watch?v=QP2tKBtUpVg |access-date=August 25, 2016 |url-status=bot: unknown }}
{{Cite web|url=http://jnslp.com/wp-content/uploads/2014/05/On-the-Bulk-Collection-of-Tangible-Things.pdf|title=On Bulk Collection of Tangible Things|last=Kris|first=David|date=2014|website=Journal of National Security Law & Policy|archive-url=https://web.archive.org/web/20171027001737/http://jnslp.com/2014/05/08/on-the-bulk-collection-of-tangible-things/|archive-date=2017-10-27|url-status=live}}

Category:AT&T buildings

Category:George W. Bush administration controversies

Category:History of cryptography

Category:Locations in the history of espionage

Category:National Security Agency facilities

Category:Privacy of telecommunications

Category:Signals intelligence

Category:Privacy in the United States

Category:Organizations based in San Francisco

Category:Individual rooms