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Five Eyes

The Five Eyes (FVEY) is an Anglosphere intelligence alliance comprising Australia, Canada, New Zealand, the United Kingdom, and the United States.[1] These countries are parties to the multilateral UK-USA Agreement, a treaty for joint cooperation in signals intelligence.[2][3][4] Informally, Five Eyes can also refer to the group of intelligence agencies of these countries.

For other uses, see Five Eyes (disambiguation).

Five Eyes

August 14, 1941 (1941-08-14)

May 17, 1943 (1943-05-17)

The origins of the FVEY can be traced to informal secret meetings during World War II between British and American code-breakers, which started before the US formally entered the war, followed by the Allies' 1941 Atlantic Charter that established their vision of the post-war world. Canadian academic Srdjan Vucetic argues the alliance emerged from Winston Churchill's Iron Curtain speech in 1946,[5] which warned of open conflict with the Soviet bloc unless the Anglosphere democracies learned to cooperate:


As the Cold War deepened, the intelligence sharing arrangement became formalised under the ECHELON surveillance system in the 1960s.[7] This was initially developed by the FVEY to monitor the communications of the former Soviet Union and the Eastern Bloc, although it is now used to monitor communications worldwide.[8][9]


In the late 1990s, the existence of ECHELON was disclosed to the public, triggering a major debate in the European Parliament and, to a lesser extent, the United States Congress and the British Parliament. The FVEY further expanded their surveillance capabilities during the course of the "war on terror", with much emphasis placed on monitoring the World Wide Web. Former NSA contractor Edward Snowden described the Five Eyes as a "supra-national intelligence organisation that does not answer to the known laws of its own countries".[10] Documents leaked by Snowden in 2013 revealed that the FVEY has been spying on one another's citizens and sharing the collected information with each other, although the FVEY nations maintain that this was done legally. It has been claimed that FVEY nations have been sharing intelligence in order to circumvent domestic laws, but only one court case in Canada has found any FVEY nation breaking domestic laws when sharing intelligence with a FVEYs partner.[11][12][13][14]


Five Eyes is among the most comprehensive espionage alliances.[15]


Since processed intelligence is gathered from multiple sources, the intelligence shared is not restricted to signals intelligence (SIGINT) and often involves defence intelligence as well as human intelligence (HUMINT) and geospatial intelligence (GEOINT).

– Operated by the NSA together with GCHQ and the ASD[62][63]

PRISM

– Operated by the NSA with contributions from the ASD and the GCSB[64]

XKeyscore

– Operated by GCHQ with contributions from the NSA[65][66]

Tempora

– Operated by GCHQ and the NSA[67]

MUSCULAR

– Operated by the ASD, CIA, CSE, GCHQ, and NSA[68]

STATEROOM

Canada: In late 2013, Canadian federal judge strongly rebuked the CSIS for outsourcing its surveillance of Canadians to overseas partner agencies. A 51-page court ruling asserts that the CSIS and other Canadian federal agencies have been illegally enlisting FVEY allies in global surveillance dragnets, while keeping domestic federal courts in the dark.[94][95][96]

Richard Mosley

New Zealand: In 2014, the NZSIS and the GCSB of New Zealand were asked by the to clarify if they had received any monetary contributions from members of the FVEY alliance. Both agencies withheld relevant information and refused to disclose any possible monetary contributions from the FVEY.[97] David Cunliffe, leader of the Labour Party, asserted that the public is entitled to be informed.[97]

New Zealand Parliament

European Union: In early 2014, the European Parliament's released a draft report which confirmed that the intelligence agencies of New Zealand and Canada have cooperated with the NSA under the Five Eyes programme and may have been actively sharing the personal data of EU citizens. The EU report did not investigate if any international or domestic US laws were broken by the US and did not claim that any FVEY nation was illegally conducting intelligence collection on the EU. The NSA maintains that any intelligence collection done on the EU was in accordance with domestic US law and international law. So far, no court case has found the NSA broke any laws while spying on the EU.[98][99]

Committee on Civil Liberties, Justice and Home Affairs

United Kingdom: In 2013, the British Parliament's conducted an investigation and concluded that the GCHQ had broken no domestic British laws in its intelligence sharing operations with the NSA. According the investigation "It has been alleged that GCHQ circumvented UK law by using the NSA’s PRISM programme to access the content of private communications. From the evidence we have seen, we have concluded that this is unfounded. We have reviewed the reports that GCHQ produced on the basis of intelligence sought from the US, and we are satisfied that they conformed with GCHQ’s statutory duties. The legal authority for this is contained in the Intelligence Services Act 1994. Further, in each case where GCHQ sought information from the US, a warrant for interception, signed by a Minister, was already in place, in accordance with the legal safeguards contained in the Regulation of Investigatory Powers Act 2000."[100]

Intelligence and Security Committee

United States: So far, no court case has been brought against any member claiming that they went around US domestic law to have foreign countries spy on US citizens and give that intelligence to the US. However, this may change as attention is paid to the anticipated public releases regarding Operation Lobos 1, Operation Trojan Shield and Project Habitance. These operations received information from foreign government's for spying on U.S. citizens. Operation Trojan Shield is the only operation confirmed to have been initialized by the FBI, but required the Australian government to execute the operation as it wasn't legal in the United States. 17 U.S. citizens have been charged in U.S. federal court between 2021 and 2024, but none of the cases as of April 2024 had proceeded past the initial pretrial stages.

US intelligence community

One of the core principles is that members do not spy on other governments in the alliance. US Director of National Intelligence Admiral Dennis C. Blair said in 2013: "We do not spy on each other. We just ask."[91]


In recent years, documents of the FVEY have shown that they are intentionally spying on one another's citizens and sharing the collected information with each other, although the FVEYs countries claim that all intelligence sharing was done legally, according to the domestic law of the respective nations.[11][12][13][14][92] Shami Chakrabarti, the director of the advocacy group Liberty, claimed that the FVEY alliance increases the ability of member states to "subcontract their dirty work" to each other.[93] The former NSA contractor Edward Snowden described the FVEY as a "supra-national intelligence organisation that doesn't answer to the laws of its own countries". While many claims of illegal intelligence sharing among FVEY nations have been made, only once has any FVEY intelligence agency been shown to have broken the law with intelligence sharing in Canada.[10]


As a result of Snowden's disclosures, the FVEY alliance has become the subject of a growing amount of controversy in parts of the world:

An area specific sharing amongst the 41 nations that formed the ;

allied coalition in Afghanistan

A shared effort of the Five Eyes nations in "focused cooperation" on computer network exploitation with Austria, Belgium, Czech Republic, Denmark, Germany, Greece, Hungary, Iceland, Italy, Japan, Luxembourg, the Netherlands, Norway, Poland, Portugal, South Korea, Spain, Sweden, Switzerland and Turkey;

: 17 members including primarily European States; the US is not a member;

Club of Berne

: an intelligence alliance between Denmark, Germany, France, the Netherlands and Sweden

Maximator

: a wider membership than the 17 European states that make up the Club of Berne, and includes the US;

The Counterterrorist Group

NATO Special Committee: made up of the heads of the security services of 's 32 member countries

NATO

ABCANZ Armies

(air forces)

Air and Space Interoperability Council

Allied technological cooperation during World War II

Anglosphere

— Trilateral security pact between Australia, New Zealand, and the United States

ANZUS

— Trilateral security partnership between Australia, the United Kingdom, and the United States

AUKUS

(navies)

AUSCANNZUKUS

Border Five

CANZUK

(communication-electronics)

Combined Communications-Electronics Board

(immigration)

Five Country Conference

Five Nations Passport Group

(Quad) — Strategic dialogue among Australia, India, Japan and US

Quadrilateral Security Dialogue

(technology and science)

The Technical Cooperation Program

Tizard Mission

Smith, Michael (2022). The Real Special Relationship : The True Story of How The British and US Secret Services Work Together. London: Arcade.  978-1-4711-8679-0.

ISBN

Williams, Brad. "Why the Five Eyes? Power and Identity in the Formation of a Multilateral Intelligence Grouping." Journal of Cold War Studies 25, no. 1 (2023): 101-137.

at The National Archives

UKUSA Agreement

at the National Security Agency

UKUSA Agreement

From Insularity to Exteriority: How the Anglosphere is Shaping Global Governance – Centre for International Policy Studies