Group items tagged

"One presentation claims the XKeyscore program covers 'nearly everything a typical user does on the internet' ................................................................. A top secret National Security Agency program allows analysts to search with no prior authorization through vast databases containing emails, online chats and the browsing histories of millions of individuals, according to documents provided by whistleblower Edward Snowden. The NSA boasts in training materials that the program, called XKeyscore, is its "widest-reaching" system for developing intelligence from the internet. The latest revelations will add to the intense public and congressional debate around the extent of NSA surveillance programs. They come as senior intelligence officials testify to the Senate judiciary committee on Wednesday, releasing classified documents in response to the Guardian's earlier stories on bulk collection of phone records and Fisa surveillance court oversight. The files shed light on one of Snowden's most controversial statements, made in his first video interview published by the Guardian on June 10. "I, sitting at my desk," said Snowden, could "wiretap anyone, from you or your accountant, to a federal judge or even the president, if I had a personal email". US officials vehemently denied this specific claim. Mike Rogers, the Republican chairman of the House intelligence committee, said of Snowden's assertion: "He's lying. It's impossible for him to do what he was saying he could do." But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed. XKeyscore, the documents boast, is the NSA's "widest reaching" system developing intelligence from computer networks - what the agency calls Digital Network Intelligence (DNI). One

"But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed. " Note in that regard that Snowden said in an earlier interview that use of this system rarely was audited and that when audited, the most common request if changes were requested was to beef up the justification for the search. The XScore system puts the lie to just about everything the Administration has claimed about intense oversight by all three branches of federal government and about not reading emails or listening to (Skype) phone calls. The lies keep stacking up in an ever-deepening pile.

Note to self: Look for the new PCLOB report in the morning. 

Edward Snowden already told us that the query "audits" were only seldom-experienced spot checks. The ratio of problems found to the number of queries is totally meaningless. 

This is the case I thought was the weakest because of poor drafting in the complaint. The judge noted those issues in dismissing the plaintiffs' claims under the Administrative Procedures Act, but picked his way through what remained to find sufficient allegations to support the 4th Amendment challenge. Because he ruled for the plaintiffs on the 4th Amendment count, the judge did not reach the plaintiffs' arguments under the First and Fifth Amendments. This case is about cellphone call metadata, which the FISA Court has been ordering cell phone companies to provide every day, with the orders updated every 90 days. The judge's 68-page opinion is at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2013cv0881-40 (cleaner copy than the Guardian's, which was apparently faxed). Notably, the judge, Richard Leon, is a Bush II appointee and one of the plaintiffs is a prominent conservative civil libertarian lawyer. The other plaintiff is the father of an NSA cryptologist who worked closely with SEAL Team 6 and was killed along with members of that team when their helicopter crashed in Afghanistan. I'll add some more in a comment. But digital privacy is not yet dead.

Unfortunately, DRM is not dead yet either and the court's PDF file is locked. No easy copying of its content. If you want to jump directly to the discussion of 4th Amendment issues, go to page 35. That way, you can skip past all the dreary discussion of the Administrative Procedures Act claim and you won't miss much that's memorable. In ruling on the plaintiffs' standing to raise the 4th Amendment claim, Judge Leon postulated two possible search issues: [i] the bulk daily collection of metadata and its retention in the database for five years; and [ii] the analysis of that data through the NSA's querying process. The judge had no difficulty with the first issue; it definitely qualifies as a search. But the judge rejected the plaintiffs' argument on the second type (which was lame), demonstrating that at least one federal judge understands how computers work. The government's filings indicated that a "seed" telephone number or other identifier is used as the query string. Judge Leon figured out for himself from this fact that the NSA of necessity had to compare that number or identifier to every number or identifier in its database looking for a match. The judge concluded that the plaintiffs' metadata --- indeed everyone's metadata --- had to be searched for comparison purposes *every* time the NSA analysts ran any query against the database. See his incisive discussion at pp. 39-41. So having established that two searches were involved, one every time the NSA queried the database, the judge moved on to the next question, whether "the plaintiffs had a reasonable expectation of privacy that is violated when the Government indiscriminately collects their telephony metadata along with the metadata of hundreds of millions of other citizens without any particularized suspicion of wrongdoing, retains that metadata for five years, and then queries, analyzes, and investigates that data without prior judicial approval of the investigative targets." pg. 43. More later

I particularly liked this Snowden observation as an idea for a constitutional amendment: "This disclosure provides Obama an opportunity to appeal for a return to sanity, constitutional policy, and the rule of law rather than men. He still has plenty of time to go down in history as the President who looked into the abyss and stepped back, rather than leaping forward into it. I would advise he personally call for a special committee to review these interception programs, repudiate the dangerous "State Secrets" privilege, and, upon preparing to leave office, begin a tradition for all Presidents forthwith to demonstrate their respect for the law by appointing a special investigator to review the policies of their years in office for any wrongdoing. There can be no faith in government if our highest offices are excused from scrutiny - they should be setting the example of transparency. " Repeal of the State Secrets privilege would require a constitutional amendment because the Supreme Court decided back when that it is inherent in the President's power as commander in chief of the military forces. In other words, neither Congress nor the courts can second-guess such claims, a huge contributing factor in the over-classification of government records when the real reason is to protect bureaucrats from embarrassment, civil rights suits, and criminal prosecution. It is no accident that we have an Executive Branch that is out-of-control, waging dictatorial powers under the protection of the State Secrets privilege. 

Marcy at EmptyWheel digs into the leaked NSA audit reports and exposes what appears to be another Obama Administration lie: that none of the violations of surveillance law by NSA staff were willful. NSA appears to be hiding the willful violations under the misleadingly titled "lack of due diligence" category. Who says numbers can't lie, if they're miscategorized?   

Wrong approach, in my opinion. None of the NSA reform measures so far take aim at the problem's roots. Those are unwarranted government secrecy, lack of reviewability by the courts at the request of the affected public, and no clear definition of digital privacy rights. Make something illegal for the NSA to do and DoD will just transfer those responsibilities to another of its agencies or farm it out to one of the other 5 Eyes nations to perform for them.   

An important article I missed, from last September. Searching the content of American citizens' calls and emails without a search warrant. Straight-up violation of the Fourth and Fifth amendments (warrantless search and deprivation of due process).  And directly contrary to what Obama, Clapper, and Alexander told the public over and over again.

Fewer than 300 phone numbers checked in 2012 *in one of the programs?*  How many in your other programs, please? Oops! Please don't answer yet; the polygraph isn't properly fastened. Perhaps time to remember that the Director of the NSA has already been caught lying to Congress. Let's also remember that nearly every FBI bust for terrorism has been a case where the FBI had to entice someone with no known "terrorist" organization connections into committing the crime.  Are these the dozens of plots referred to? If not, why no busts of real "terrorists?" This bit of propaganda doesn't pass the smell test. C'mon AP; you can do better than this. 

Let's always keep in mind that the NSA audits are only spot checks and that far more database queries are never audited. 

Don't miss the linked companion articles at New York Times and ProPublica. 

So, allegedly a Zionist working in NSA passed NSA's telecommunications data mining software to Israel, was identified, but was never prosecuted. And the Verint CEO is now a fugitive from justice on charges of "fraud, theft, lying, money laundering, and other crimes." What's not to like in having this company processing all of our telephone metadata?

The Internet continues to harden in the wake of the NSA revelations. This is a nice nudge by Google.