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Lt Gen Michael V. Hayden, USAF, Director, National Security Agency
Address to Kennedy Political Union of American University
17 February 2000
Good evening and thanks for coming. I’m excited to be here and
at the same time a little apprehensive. It seemed natural to ask
my staff to learn about the Political Union and its speakers in
order to gauge my remarks towards your interests. After all, we’re
in the information gathering and assessment business so it should
be easy for us to come up with something that would complement what
you’ve heard from other speakers in the series.
.But when I heard that I was following Jerry Springer...well, I
wasn't sure that I was going to meet your expectations. Despite
what you've seen on television, our Agency doesn't do alien autopsies,
track the location of your automobile by satellite, nor do we have
a squad of assassins.if we did, I guess that Springer wouldn't be
such a tough act to follow.
I think that the best I can hope for now is to wipe away some of
the mystique surrounding the National Security Agency so that you
better understand us and how we add value to America.
Today, the world, our nation, and my agency are faced with new
challenges and opportunities. I’d like to share my thoughts with
you on the nature of those challenges and how they redefine national
security, and leave you with some thoughts on how we at NSA intend
to deal with them.
Let’s begin with a little history lesson:
A memorandum from President Truman established NSA in 1952, stating
that "the communications intelligence activities of the United
States are a national responsibility."
Our charter, a Department of Defense document, creates "a
unified organization structured to provide for the signals intelligence
(SIGINT) mission of the United States and to insure secure communications
systems for all departments and agencies of the U.S. government."
Our mission was clearly important, but those were 47 years and
28 years ago, respectively. Our most recent "founding document,"
an Executive Order from President Reagan, reaffirms both the importance
of intelligence and the principles guiding its collection.
Please indulge me a moment while I quote chapter and verse; it
speaks to the core of my point this evening: "accurate and
timely information about the capabilities, intentions and activities
of foreign powers, organizations, or persons and their agents is
essential to informed decision making in the areas of national defense
and foreign relations."
"Collection of such information is a priority objective and
will be pursued in a vigorous, innovative and responsible manner
that is consistent with the Constitution and applicable law and
respectful of the principles upon which the United States was founded."
Let me give you an example of the tenacity required to produce
signals intelligence. The VENONA Project was a program to examine
and if possible, exploit encrypted Soviet diplomatic communications.
Three years after a 1944 cryptanalytic breakthrough, Meredith Gardner,
one of the VENONA analysts, was able to read two KGB messages revealing
that someone inside the War Department general staff was providing
highly classified information to the Soviets.
VENONA translations pointed to over 200 named or covernamed persons
then present in the U.S. claimed by KGB and soviet military intelligence
messages as clandestine assets or contacts. The messages disclose
some of the clandestine activities of Julius and Ethel Rosenberg,
Harry Gold, Klaus Fuchs, David and Ruth Greenglass, and others involved
with atomic bomb espionage.
As for the importance of our mission to national decision making
of the gravest nature, consider the role signals intelligence played
in managing the Cuban Missile Crisis. NSA collected early indications
of the arms buildup beginning in Cuba, exploiting Soviet communications
concerning ships headed to Havana—ships whose cargo manifests were
suspiciously blank.
As early as 1960, American intercept operators began hearing Spanish
along with the usual Slavic languages coming from airfields in Czechoslovakia.
Not long thereafter, intelligence sources got wind of state of the
art fighter and light bomber deliveries to Cuba. Soon, Cuba had
a fully functional Soviet-style air defense system, complete with
the SA-2 surface-to-air missile which had downed U-2 pilot Gary
Powers in 1960. What were they hiding?
After hazardous U-2 flights over Cuba confirmed the presence of
Soviet offensive missiles, President Kennedy ordered a naval "quarantine"
of the island to stop any further arms deliveries. In the tense
situation that followed, it was signals intelligence that confirmed
that Soviet ships would not challenge the Americans enforcing the
quarantine.
These founding principles of SIGINT helped us to win the Cold War.
Competing priorities were not an issue with The Bear to focus our
attention. Funding, in light of that clear threat to America, was
vigorous and consistent. The environment has changed dramatically
but our relevance has only increased. Let’s talk about this environment
a little…
We are an agency in change. In this new era, the global environment
is no longer defined using a map. You of all people are aware that
we’re right in the middle of a technological revolution and it’s
that revolution which has made what I say true. To illustrate:
Twenty years ago, how many people outside of government or research
used a computer—much less had one at home? Forty years ago there
were 5,000 stand-alone computers, no fax machines and not one cellular
phone. Today, there are over 180 million computers -- most of them
networked. There are roughly 14 million fax machines and 40 million
cell phones and those numbers continue to grow.
The telecommunications industry is making a $1 trillion investment
to encircle the world in millions of miles of high bandwidth fiber-optic
cable. They are aggressively investing in the future. As private
enterprise transitioned from the Industrial Age to the Information
Age, so must government. So far, the National Security Agency is
lagging behind.
For example, you may have heard about the recent network outage
at NSA. Due to a software anomaly, our aging communications infrastructure
failed and our ability to forward intelligence data, process that
data and communicate internally was interrupted for 72 hours. Thousands
of man-hours and $1.5 million later, we were able to resume normal
operations.
For others, technology is an enabler. It’s an investment that makes
their jobs easier. For NSA, technology is the foundation upon which
all of our processes rest; it is not an option. The network outage
was a wake-up call to our stakeholders and us that we can no longer
afford to defer the funding of a new infrastructure. And the challenge
doesn’t stop there.
Advancements in telecommunications and particularly the Internet
have highlighted a fundamental, but not necessarily new privacy
issue. Simply put: how do we balance the need for foreign intelligence
information with the responsibility to protect individual privacy
rights? What standard do we use as a society to make that determination?
I would note here that all of us who deal with communications have
to deal with privacy issues. The system administrator of your campus
computer network has to deal with it, so must your Internet service
provider, your telecommunications carrier, and law enforcement agencies.
NSA, a signals intelligence (SIGINT) and information systems security
(INFOSEC) agency, also has to deal with it. We deal with privacy
issues in different ways depending upon the type and purpose of
activity involved.
You’ve probably all read by now some of the recent press reports
on NSA. The Washington Post and the New Yorker Magazine speculate
that, "NSA has turned from eavesdropping on the communists to eavesdropping
on businesses and private citizens," and that, "NSA has the ability
to extend its eavesdropping network without limits." We have also
been referred to as, "a global spying network that can eavesdrop
on every single phone call, fax, or e-mail, anywhere on the planet."
Those of us who have been around awhile recall hearing about the
Church and Pike investigations of the mid-1970's. After lengthy
investigations, the House and Senate committees concluded that NSA
had not given appropriate weight to privacy considerations in conducting
its signals intelligence mission.
As a result, Congress passed a law called the Foreign Intelligence
Surveillance Act regulating electronic surveillance in the United
States. Both houses of Congress established permanent intelligence
oversight committees to ensure compliance. Moreover, President Ford
issued an Executive Order which both authorized and set limits on
the conduct of intelligence activities. As a result, the legal and
policy context for intelligence activities was forever and dramatically
changed.
Now, if you’ve seen "Enemy of the State" you might believe
that the NSA’s intelligence gathering mission offers the greatest
threat to the privacy of network users. Like many people, you may
not be aware of the laws and regulations under which the NSA operates,
and the rigorous oversight applied to those operations to ensure
our compliance.
So how do we reconcile the government's need for foreign intelligence
information with the need to protect individual privacy rights?
We do this through a series of procedures outlined in the Executive
Order, approved by the Attorney General and the Secretary of Defense,
and vetted with the Congressional intelligence oversight committees.
The procedures recognize two important facts: first, there are
times when a government needs to collect information about its citizens.
The circumstances under which this is allowed to occur either inside
or outside the U.S. are extremely limited and well-regulated. Basically,
there must be probable cause that a person is an agent of a foreign
power and a court must issue a warrant authorizing the surveillance
inside the U.S. The Attorney General, applying the same standard
of probable cause, must authorize surveillance when the person is
outside the U.S. For example, suppose that a foreign country has
recruited a U.S. citizen to commit a terrorist act against the U.S.
When that person travels abroad, he may be surveilled only if the
U.S. government has demonstrated probable cause that he is a terrorist
or is aiding and abetting terrorists. Under our legal system, probable
cause means that you must have facts that would convince a reasonably
prudent person that what you’re saying is true.
The second fact that the procedures recognize is that it is inevitable
that NSA will inadvertently acquire information about U.S. citizens
in the course of its foreign intelligence collection activities.
An example of this might be when we have intelligence of two foreign
agents discussing the recruitment of a U.S. citizen. When that happens,
the procedures require that NSA "minimize" the retention and dissemination
of such information. In other words there are rules imposed upon
us by law and regulation that say, "NSA, you may only keep and disseminate
such information under a very limited set of circumstances." Circumstances
like when the life of the U.S. person is in danger; they are the
target of a foreign power or the agent of a foreign power.
So, contrary to some articles written about the Agency, there are
rules governing NSA activities. The Department of Justice, the Department
of Defense, and the Congressional committees all participate in
their formulation and oversight.
But the question remains, how can the American people be confident
that we abide by the rules?
First, we train our employees to make sure they know them. Each
year our Office of General Counsel conducts hundreds of training
sessions specifically designed to maintain a legally sensitized
work force -- to make sure our employees recognize privacy issues
and know how to deal with them appropriately. If for whatever reason,
an employee fails to make his or her annual training, his or her
access to intelligence databases is automatically denied.
Second, there is an elaborate oversight process in place. The NSA
General Counsel, the Inspector General, and a Senior Intelligence
Oversight Board perform this function within the Agency. Within
the Executive branch -- the Department of Defense, the Department
of Justice and the President's Foreign Intelligence Oversight Board
conduct oversight of NSA. On the legislative side, the Senate Select
Committee on Intelligence and the House Permanent Select Committee
on Intelligence scrutinize NSA's activities as the people's representatives
to ensure compliance with the Constitution, law, and regulations.
The bottom line is we are responsible citizens. We know what the
rules are and we abide by them. We try to maintain a steady heading.
Ironically, at times, we are criticized for being too conservative.
My philosophy is a simple one:
- We can't be careless or risk takers where the privacy
rights of U.S. citizens are involved. We have to do it right.
- We have to behave in such a way that the American people
can be confident that we are not abusing the tremendous
power they authorize us to exercise.
Weapons of mass destruction—especially chemical and biological
weapons—are becoming a threat to U.S. soil for the first time. The
threat of cyber-attack, or information warfare by our adversaries
now has the potential for mass disruption of our nation’s infrastructure.
At a time when our national security is at its most vulnerable,
it would be more than irresponsible and illegal to take liberties
with our authorities. We put at risk our legitimate intelligence
mission and that means we put America at risk.
The information we collect and the information we protect is the
ultimate opportunity cost. NSA employees do not simply decide on
a daily basis how and what they will collect and exploit. We are
driven by requirements levied upon us by national level military
and civilian decision-makers. Put yourself in their place…
- Do you want to understand the intentions of terrorist groups?
- Do you want to know these groups have an interest in gaining
knowledge of the United States communications and utility infrastructure?
- Do you want to know the status of a rogue state’s military capabilities?
- Do you want to guarantee our military command authorities secure
communications regardless of their location?
- Do you want to stop a foreign intelligence officer from penetrating
our government networks?
The price tag for new information capabilities is high, but the
alternatives are unthinkable. The director of Central Intelligence,
George Tenet recently characterized the situation during his address
at Georgetown by quoting Pogo – a comic strip by the late Walt
Kelly – Pogo said, "we are faced with insurmountable opportunities."
Let me add that we don’t just attack or acquire information.
We also protect it, especially national security information.
In addition, we cooperate with American industry in setting standards
for commercial encryption so that your information is protected.
I noted earlier how much the world is changing. NSA is changing,
too. Just look at the very fact of my presence here tonight. Our
Agency benefited in the past from the high walls of security we
placed around our activities during the Cold War. However, we’ve
paid a price. While security and secrecy kept critical information
well protected inside, they also kept some important things on
the outside from influencing our growth as an Agency. We can no
longer afford to operate that way. The knowing few have always
been well aware of the fact that NSA is a national treasure. At
the same time, they are much less aware of the weight of our challenges
at a time when our human and fiscal resources have declined in
the past two decades. Moreover, the media and the public have
some misperceptions about our business that do an injustice to
the men and women who serve tirelessly in their efforts to protect
and defend through their cryptologic disciplines.
We are at a historic decision point.
The 21st century represents unprecedented opportunities and more
diverse and dispersed threats. Just as we organized to meet the
challenges of the Cold War, we must adapt to capitalize on the
opportunities of the next millennium.
If we as a nation do not make serious, sustained investments
in information security and intelligence over the next five to
seven years, we may find that we have missed opportunities and
foreclosed options that we will dearly wish we had left available
(DCI, 18 Oct 99).
Isaac Asimov said, "it is change, continuing change, inevitable
change, that is the dominant factor in society today. No sensible
decision can be made any longer without taking into account not
only the world as it is, but the world as it will be." He
was right—to be successful, we have to be visionary, opportunistic
and willing to manage risk as opposed to avoid it.
We need fresh, innovative and creative viewpoints. Viewpoints
from people like you -- you all are part of the future for America.
As you move into positions of influence in the private and public
domains, I encourage you to challenge the status quo, become a
champion for continuous improvement and learning, and to not allow
personal and organizational precedence to govern your behavior.
I didn’t mean to turn this into a recruiting pitch, but I would
be remiss if I failed to mention that we will be aggressively
hiring new talent in a variety of core skill areas as we begin
a process of revitalizing our workforce. If you’re thinking about
public service and would like career opportunities which are challenging,
exciting, and rather, well…very cool, I encourage you to examine
these businesses we call SIGINT and INFOSEC at the National Security
Agency.
Thank you for the invitation and the opportunity to share my
thoughts. I’d be happy to take your questions.

Source: NSA Press Release
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