UKUSA Agreement

thumb|450px|The UKUSA Community: Australia, Canada, New Zealand, the United Kingdom, and the United States

The United KingdomUnited States of America Agreement (UKUSA ) is a multilateral agreement for cooperation in signals intelligence between Australia, Canada, New Zealand, the United Kingdom, and the United States. The alliance of intelligence operations is also known as the Five Eyes. In classification markings this is abbreviated as FVEY, with the individual countries being abbreviated as AUS, CAN, NZL, GBR, and USA, respectively.

Emerging from an informal agreement related to the 1941 Atlantic Charter, the secret treaty was renewed with the passage of the 1943 BRUSA Agreement, before being officially enacted on 5 March 1946 by the United Kingdom and the United States. In the following years, it was extended to encompass Canada, Australia, and New Zealand. Other countries, known as "third parties", such as West Germany, the Philippines, and several Nordic countries, also joined the UKUSA community in associate capacities, although they are not part of the mechanism for automatic sharing of intelligence that exists between the Five Eyes.

Much of the sharing of information is performed via the ultra-sensitive STONEGHOST network, which has been claimed to contain "some of the Western world's most closely guarded secrets". Besides laying down rules for intelligence sharing, the agreement formalized and cemented the "Special Relationship" between the UK and the US.

Due to its status as a secret treaty, its existence was not known to the prime minister of Australia until 1973, and it was not disclosed to the public until 2005. Shortly after its release, the seven-page UKUSA Agreement was recognized by Time magazine as one of the Cold War's most important documents, with immense historical significance.

The global surveillance disclosure by Edward Snowden has shown that the intelligence-sharing activities between the First World allies of the Cold War are rapidly shifting into the digital realm of the Internet.

History

Origins (1940s–1950s)

The agreement originated from a ten-page 1943 British–US Communication Intelligence Agreement, BRUSA. The UKUSA Agreement connected the signal intercept networks of the UK Government Communications Headquarters (GCHQ) and the US National Security Agency (NSA) at the beginning of the Cold War. The document was signed on 5 March 1946 by Colonel Patrick Marr-Johnson for the UK's London Signals Intelligence Board and Lieutenant General Hoyt Vandenberg for the US State–Army–Navy Communication Intelligence Board. Although the original agreement states that the exchange would not be "prejudicial to national interests", the United States often blocked information sharing from Commonwealth countries. The full text of the agreement was released to the public on 25 June 2010.

The "Five Eyes" term has its origins as a shorthand for a "AUS/CAN/NZ/UK/US EYES ONLY" classification level. The network was expanded in the 1960s into the Echelon collection and analysis network.

At the height of the 1975 Australian constitutional crisis, the use and control of Pine Gap by the CIA was strongly opposed by Whitlam, who fired the chief of the ASIO before being dismissed as prime minister.

The existence of several intelligence agencies of the Five Eyes was not revealed until the following years:

; 1974: In Canada, an investigative television report on CBC News's newsmagazine program The Fifth Estate revealed the existence of the Communications Security Establishment Canada (CSEC).

; 1975: In the United States, the Church Committee of the Senate revealed the existence of the National Security Agency (NSA).

; 1976: In Britain, an investigative article in Time Out magazine revealed the existence of the Government Communications Headquarters (GCHQ).

; 1977: In Australia, the Hope Commission revealed the existence of Australian Secret Intelligence Service (ASIS) and the Defence Signals Directorate (DSD).

;1980: In New Zealand, the existence of the Government Communications Security Bureau (GCSB) was officially disclosed on a "limited basis".

In 1999, the Australian government acknowledged that it "does co-operate with counterpart signals intelligence organisations overseas under the UKUSA relationship."

The existence of the UKUSA Agreement, however, was not publicly revealed until 2005.

On 11 September 2013, The Guardian released a leaked document provided by Edward Snowden which reveals a similar agreement between the NSA and Israel's Unit 8200.

According to The Sydney Morning Herald, Australia operates clandestine surveillance facilities at its embassies "without the knowledge of most Australian diplomats". These facilities are part of an international espionage program known as STATEROOM.

Security and intelligence agencies

Although the UKUSA alliance is often associated with the ECHELON system, processed intelligence is reliant on multiple sources of information and the intelligence shared is not restricted to signals intelligence. The following table provides an overview of the government agencies involved and their respective responsibilities within the "Five Eyes" community:

Australia

Australia monitors South Asia and East Asia.

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NSA and third parties—Signals intelligence is funnelled to the NSA in exchange for surveillance technology and monetary compensation.

According to Edward Snowden, the NSA has a "massive body" called the Foreign Affairs Directorate that is responsible for partnering with other Western allies such as Israel.

Unlike the "second party" members (that is, the Five Eyes themselves), "third party" partners are not automatically exempt from intelligence targeting. According to an internal NSA document leaked by Snowden, "We (the NSA) can, and often do, target the signals of most 3rd party foreign partners."

The Five Eyes are cooperating with various 3rd Party countries in at least two groups:

The "Nine Eyes", consisting of the Five Eyes plus Denmark, France, the Netherlands, and Norway.
The "Fourteen Eyes", consisting of the same countries as the Nine Eyes plus Germany, Belgium, Italy, Spain, and Sweden. The actual name of this group is SIGINT Seniors Europe (SSEUR) and its purpose is coordinating the exchange of military signals intelligence among its members.

Germany is reportedly interested in moving closer to the inner circle: an internal GCHQ document from 2009 said that the "Germans were a little grumpy at not being invited to join the 9-Eyes group." Germany may even wish to join Five Eyes. Referring to Five Eyes, former French President François Hollande has said that his country is "not within that framework and we don't intend to join." According to a former top US official, "Germany joining would be a possibility, but not France – France itself spies on the US far too aggressively for that."

Controversy

During the 2013 NSA leaks Internet spying scandal, the surveillance agencies of the "Five Eyes" have been accused of intentionally spying on one another's citizens and willingly sharing the collected information with each other, allegedly circumventing laws preventing each agency from spying on its own citizens.

The 2013 NSA leaks are not entirely new, but rather, they are a confirmation of earlier disclosures about the UK-US espionage alliance. For example, the British newspaper The Independent reported back in 1996 that the US National Security Agency "taps UK phones" at the request of the British intelligence agency MI5, thus allowing British agents to evade restrictive limitations on domestic telephone tapping.

The mutual surveillance and sharing of information between allies of the UK and US resurfaced again during the 2013 mass surveillance disclosures. As described by the news magazine Der Spiegel, this was done to circumvent domestic surveillance regulations:

<blockquote>Britain's GCHQ intelligence agency can spy on anyone but British nationals, the NSA can conduct surveillance on anyone but Americans, and Germany's BND (Bundesnachrichtendienst) foreign intelligence agency can spy on anyone but Germans. That's how a matrix is created of boundless surveillance in which each partner aids in a division of roles.

They exchanged information. And they worked together extensively. That applies to the British and the Americans, but also to the BND, which assists the NSA in its Internet surveillance.</blockquote>

In 2013, Canadian federal judge Richard Mosley strongly rebuked the Canadian Security Intelligence Service (CSIS) for outsourcing its surveillance of Canadians to overseas partner agencies. A 51-page ruling says that the CSIS and other Canadian federal agencies are illegally enlisting US and British allies in global surveillance dragnets, while keeping domestic federal courts in the dark.

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List of global surveillance programs

{| class="wikitable" style="text-align:center;"

!colspan="4" style="background: #ffdead;" |Global surveillance programs

! Program

! International contributors and/or partners

! Commercial partners

|align="left" width="120" | PRISM

Australian Signals Directorate (ASD/DSD) of Australia
Government Communications Headquarters (GCHQ) of Great Britain
Algemene Inlichtingen en Veiligheidsdienst (AIVD) of the Netherlands

Microsoft

|align="left"| XKeyscore

Bundesnachrichtendienst (BND) of Germany
Bundesamt für Verfassungsschutz (BfV) of Germany

|align="left"| Tempora

US National Security Agency (NSA)

British Telecommunications (codenamed "Remedy")
Interoute (codenamed "Streetcar")

| align="left"| Mira4

| align="left"| Veras

| align="left"|Stateroom

DSD
Communications Security Establishment Canada (CSEC)
GCHQ
Special Collection Service (SCS) of the NSA and the CIA