As Glenn Greenwald and Jacques Follorou, citing the NSA document,
put it in their Le Monde piece: the NSA “’intentionally did not ask either the Mossad or the ISNU (the technical administration of the Israeli services) whether they were involved’ in this espionage operation against the head of the French government.”
An interesting omission, to say the least, one justified by the author of the memo with some odd phraseology: “France is not an approved target for joint discussion by Israel and the United States.” Meaning – exactly what? This is a job for Marcy Wheeler! But I’ll hazard a guess: the US is well aware of Israeli spying on France and wants nothing to do with it, and/or the author of the memo is simply invoking some obscure protocol in order to justify going any farther.
“This agreement is not intended to create any legally enforceable rights and shall not be construed to be either an international agreement or a legally binding instrument according to international law.”
The Israelis are allowed to retain raw NSA data on American citizens for up to a year, as long as they inform the NSA, but when it comes to US government communications – those must be destroyed “upon recognition.” This interdict presumably covers the internal communications of our law enforcement officers, but as both James Bamford and Fox News’s Carl Cameron have reported, Israeli penetration of this vital sector is already an accomplished fact.
In short, much of the surveillance technology in use by the NSA originated in Israel, and was developed by Israeli companies with ties – direct subsidies, board memberships, etc. – to the Israeli government, and specifically its intelligence services. This would make is easy for the Israelis to construct a “back door” that would give them access to the system. For one early example, the eavesdropping software that allows US law enforcement to wiretap reportedly has just such a “back door,” as reported by Fox’s Carl Cameron, one that has enabled Israeli Mafia and others to shield themselves from surveillance.