BY Wayne Madsen

Insider Contributing Editor from Waynemadsenreport.com

FIRST FRUITS

Washington, D.C.

May 15, 2006 -- When is a "scoop" not a "scoop?" ABC News, in an "exclusive" today, is reporting that U.S. intelligence agencies, including the NSA and CIA, have been conducting surveillance on the phone calls of journalists, specifically those working for ABC News, The New York Times, and The Washington Post. WMR reported this surveillance in much greater detail last year.

The following is WMR's three articles on the subject of spying by the Bush administration on journalists:

May 10, 2005 -- The inquisition side of NSA is the one that Hayden and his advisers do not want the public to see. In fact, NSA maintains a database that tracks unofficial and negative articles written about the agency. Code named "FIRSTFRUITS," the database is operated by the Denial and Deception (D&D) unit within SID. High priority is given to articles written as a result of possible leaks from cleared personnel.

According to those familiar with FIRSTFRUITS, Bill Gertz of The Washington Times features prominently in the database. Before Hayden's reign and during the Clinton administration, Gertz was often leaked classified documents by anti-Clinton intelligence officials in an attempt to demonstrate that collusion between the administration and China was hurting U.S. national security. NSA, perhaps legitimately, was concerned that China could actually benefit from such disclosures.

In order that the database did not violate United States Signals Intelligence Directive (USSID) 18, which specifies that the names of "U.S. persons" are to be deleted through a process known as minimization, the names of subject journalists were blanked out. However, in a violation of USSID 18, certain high level users could unlock the database field through a super-user status and view the "phantom names" of the journalists in question. Some of the "source" information in FIRSTFRUITS was classified—an indication that some of the articles in database were not obtained through open source means. In fact, NSA insiders report that the communications monitoring tasking system known as ECHELON is being used more frequently for purely political eavesdropping having nothing to do with national security or counter terrorism.

In addition, outside agencies and a "second party," Great Britain's Government Communications Headquarters (GCHQ), are permitted to access the journalist database. FIRSTFRUITS was originally developed by the CIA but given to NSA to operate with CIA funding. The database soon grew to capacity, was converted from a Lotus Notes to an Oracle system, and NSA took over complete ownership of the system from the CIA.

Tens of thousands of articles are found in FIRSTFRUITS and part of the upkeep of the system has been outsourced to outside contractors such as Booz Allen, which periodically hosts inter-agency Foreign Denial and Deception meetings within its Sensitive Compartmented Information Facility or "SCIF" in Tyson's Corner, Virginia. Currently, in addition to NSA and GCHQ, the National Geospatial-Intelligence Agency (NGA), the Defense Intelligence Agency (DIA), and National Reconnaissance Office (NRO) routinely access the database, which is in essence a classified and more powerful version of the commercial NEXIS news search database.

In addition to Gertz, other journalists who feature prominently in the database include Seymour Hersh of The New Yorker; author and journalist James Bamford, James Risen of The New York Times, Vernon Loeb of The Washington Post, John C. K. Daly of UPI, and this journalist.

NSA abhors negative publicity. Anytime the agency is the subject of unwanted media attention, Hayden sends out an email known as an "All Agency." The memo reiterates NSA's long standing "neither confirm nor deny" policy regarding certain news reports:

"NSA personnel must refrain from either confirming or denying any information concerning the agency or its activities which may appear in the public media. If you are asked about the activities of NSA, the best response is "no comment." You should the notify Q43 {Public Affairs] of the attempted inquiry. For the most part, public references to NSA are based upon educated guesses. The agency does not normally make a practice of issuing public statements about its activities."

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December 28, 2005 -- BREAKING NEWS. NSA spied on its own employees, other U.S. intelligence personnel, and their journalist and congressional contacts. WMR has learned that the National Security Agency (NSA), on the orders of the Bush administration, eavesdropped on the private conversations and e-mail of its own employees, employees of other U.S. intelligence agencies -- including the CIA and DIA -- and their contacts in the media, Congress, and oversight agencies and offices.

The journalist surveillance program, code named "Firstfruits," was part of a Director of Central Intelligence (DCI) program that was maintained at least until October 2004 and was authorized by then-DCI Porter Goss. Firstfruits was authorized as part of a DCI "Countering Denial and Deception" program responsible to an entity known as the Foreign Denial and Deception Committee (FDDC). Since the intelligence community's reorganization, the DCI has been replaced by the Director of National Intelligence headed by John Negroponte and his deputy, former NSA director Gen. Michael Hayden.

Firstfruits was a database that contained both the articles and the transcripts of telephone and other communications of particular Washington journalists known to report on sensitive U.S. intelligence activities, particularly those involving NSA. According to NSA sources, the targeted journalists included author James Bamford, the New York Times' James Risen, the Washington Post's Vernon Loeb, the New Yorker's Seymour Hersh, the Washington Times' Bill Gertz, UPI's John C. K. Daly, and this editor [Wayne Madsen], who has written about NSA for The Village Voice, CAQ, Intelligence Online, and the Electronic Privacy Information Center (EPIC).


In addition, beginning in 2001 but before the 9-11 attacks, NSA began to target anyone in the U.S. intelligence community who was deemed a "disgruntled employee." According to NSA sources, this surveillance was a violation of United States Signals Intelligence Directive (USSID) 18 and the Foreign Intelligence Surveillance Act of 1978. The surveillance of U.S. intelligence personnel by other intelligence personnel in the United States and abroad was conducted without any warrants from the Foreign Intelligence Surveillance Court. The targeted U.S. intelligence agency personnel included those who made contact with members of the media, including the journalists targeted by Firstfruits, as well as members of Congress, Inspectors General, and other oversight agencies. Those discovered to have spoken to journalists and oversight personnel were subjected to sudden clearance revocation and termination as "security risks."

In 2001, the Foreign Intelligence Surveillance Court rejected a number of FISA wiretap applications from Michael Resnick, the FBI supervisor in charge of counter-terrorism surveillance. The court said that some 75 warrant requests from the FBI were erroneous and that the FBI, under Louis Freeh and Robert Mueller, had misled the court and misused the FISA law on dozens of occasions. In a May 17, 2002 opinion, the presiding FISA Judge, Royce C. Lamberth (a Texan appointed by Ronald Reagan), barred Resnick from ever appearing before the court again. The ruling, released by Lamberth's successor, Judge Colleen Kollar-Kotelley, stated in extremely strong terms, "In virtually every instance, the government's misstatements and omissions in FISA applications and violations of the Court's orders involved information sharing and unauthorized disseminations to criminal investigators and prosecutors . . . How these misrepresentations occurred remains unexplained to the court."

After the Justice Department appealed the FISC decision, the FISA Review court met for the first time in its history. The three-member review court, composed of Ralph Guy of the 6th U.S. Circuit Court of Appeals, Edward Leavy of the 9th Circuit, and Laurence Silberman [of the Robb-Silberman Commission on 911 "intelligence failures"] of the D.C. Circuit, overturned the FISC decision on the Bush administration's wiretap requests.

Based on recent disclosures that the Bush administration has been using the NSA to conduct illegal surveillance of U.S. citizens, it is now becoming apparent what vexed the FISC to the point that it rejected, in an unprecedented manner, numerous wiretap requests and sanctioned Resnick.

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December 30, 2005 -- More on Firstfruits. The organization partly involved in directing the National Security Agency program to collect intelligence on journalists -- Firstfruits -- is the Foreign Denial and Deception Committee (FDDC), a component of the National Intelligence Council. The last reported chairman of the inter-intelligence agency group was Dr. Larry Gershwin, the CIA's adviser on science and technology matters, a former national intelligence officer for strategic programs, and one of the primary promoters of the Iraqi disinformation con man and alcoholic who was code named "Curveball." Gershwin was also in charge of the biological weapons portfolio at the National Intelligence Council where he worked closely with John Bolton and the CIA's Alan Foley -- director of the CIA's Office of Weapons Intelligence, Nonproliferation, and Arms Control (WINPAC) -- and Frederick Fleitz -- who Foley sent from WINPAC to work in Bolton's State Department office -- in helping to cook Iraqi WMD "intelligence" on behalf of Vice President Dick Cheney and Scooter Libby. In addition to surveilling journalists who were writing about operations at NSA, Firstfruits particularly targeted State Department and CIA insiders who were leaking information about the "cooking" of pre-war WMD intelligence to particular journalists, including those at the New York Times, Washington Post, and CBS 60 Minutes.

The vice chairman of the FDDC, James B. Bruce, wrote an article in Studies in Intelligence in 2003, "This committee represents an inter­agency effort to understand how foreign adversaries learn about, then try to defeat, our secret intelligence collection activities." In a speech to the Institute of World Politics, Bruce, a CIA veteran was also quoted as saying, "We've got to do whatever it takes -- if it takes sending SWAT teams into journalists' homes -- to stop these leaks." He also urged, "stiff new penalties to crack down on leaks, including prosecutions of journalists that publish classified information." The FDDC appears to be a follow-on to the old Director of Central Intelligence's Unauthorized Disclosure Analysis Center (UDAC).



Meanwhile, WMR's disclosures about Firstfruits have set off a crisis in the intelligence community and in various media outlets. Journalists who have contacted WMR since the revelation of the Firstfruits story are fearful that their conversations and e-mail with various intelligence sources have been totally compromised and that they have been placed under surveillance that includes the use of physical tails. Intelligence sources who are current and former intelligence agency employees also report that they suspect their communications with journalists and other parties have been surveilled by technical means.
 

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January 13, 2006 -- The name has been changed to protect the guilty. The National Security Agency's (NSA) illegal database code-named Firstfruits, which contains transcripts of the communications of and articles written by U.S. journalists about NSA has undergone a name change. Inside sources report that because of the "compromise" of the system, the name of the database has been changed from Firstfruits. However, the database continues to be maintained under a new cover term.