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The adjudication process had a broad scope, taking into account the SF86 questionnaire, reports from background investigations, interviews with the applicant's family members and associates, his or her employment history, and for people seeking high-level clearances, the results of polygraph investigations.Seymour said such records “span an employee’s career” and could stretch back as far as 30 years. Officials have said that as many as 18 million people may have been affected by the breach. Asked specifically what information the hackers had obtained, Seymour told lawmakers that she preferred to answer later in a “classified session.” Seymour didn’t specify how many people’s information was stolen. But the OPM oversees background investigations, which comprise a key part of the adjudication process, for more than 90 percent of security clearance applicants, according to the Congressional Research Service. An OPM spokesman didn’t respond to a request for comment in time for publication.

A former senior U.S. intelligence official, who asked to remain anonymous, said the OPM breach would cause more damage to national security operations and personnel than the leaks by Edward Snowden about classified surveillance by the National Security Agency.“This is worse than Snowden, because at least programs that were running before the leaks could be replaced or rebuilt,” the former official said. “But OPM, that’s the gift that keeps on giving. You can’t rebuild people.”Adjudicators are in a powerful position because in deciding whether to recommend granting a security clearance, they have access to the entire scope of an applicant’s file and are told to make a subjective analysis.“The adjudication process is the careful weighing of a number of variables known as the whole-person concept,” according to official guidelines. “Available, reliable information about the person, past and present, favorable and unfavorable, should be considered in reaching a determination.”

By design, adjudication is an invasive process, meant to unearth risk factors including drug and alcohol abuse, extramarital affairs, a history of violence, and other events that speak to a person’s “trustworthiness” and their susceptibility to blackmail or being recruited to spy for a foreign government.For instance, “compulsive gambling is a concern, as it may lead to financial crimes including espionage,” the guidelines say. Adjudicators are told to note “a pattern of compulsive, self-destructive, or high risk sexual behavior,” “relapse after diagnosis of alcohol abuse,” and “emotionally unstable, irresponsible, dysfunctional, violent, paranoid, or bizarre behavior,” among other warning signs in 13 categories. Some of the embarrassing personal details found in some adjudications have been made public. That’s what happens after an applicant who was denied a security clearance launched an appeal.

Armed with such intimate details of a person’s worst moments, foreign spies would have unprecedented advantage against their U.S. adversaries. And the news is especially bad for people who hold the highest levels of clearance, which require more rigorous background checks, noted Adams, the computer security expert. “The higher up you go in your sensitivity levels, the more data that’s in your adjudication file,” he said.

Regardless of these individual defenses of encryption, the Intercept explained why these statements may be irrelevant: “Left unsaid is the fact that the FBI and NSA have the ability to circumvent encryption and get to the content too — by hacking. Hacking allows law enforcement to plant malicious code on someone’s computer in order to gain access to the photos, messages, and text before they were ever encrypted in the first place, and after they’ve been decrypted. The NSA has an entire team of advanced hackers, possibly as many as 600, camped out at Fort Meade.”

Rogers statements, of course, are not a full-fledged endorsement of privacy, nor can the NSA be expected to make it a priority. Even so, his new stance denotes a growing awareness within the government that Americans are not comfortable with the State’s grip on their data. “So spending time arguing about ‘hey, encryption is bad and we ought to do away with it’ … that’s a waste of time to me,” Rogers said Thursday. “So what we’ve got to ask ourselves is, with that foundation, what’s the best way for us to deal with it? And how do we meet those very legitimate concerns from multiple perspectives?”

The NSA and members of Congress want to pass a "cybersecurity" bill so badly, they’re using the recent hack of the Office of Personnel Management as justification for bringing CISA back up and rushing it through. In reality, the OPM hack just shows that the government has not been a good steward of sensitive data and they need to institute real security measures to fix their problems. The truth is that CISA could not have prevented the OPM hack, and no Senator could explain how it could have. Congress and the NSA are using irrational hysteria to turn the Internet into a place where the government has overly broad, unchecked powers. Why Faxes? Since 2012, online and civil liberties groups and 30,000+ sites have driven more than 2.6 million emails and hundreds of thousands of calls, tweets and more to Congress opposing overly broad cybersecurity legislation. Congress has tried to pass CISA in one form or another 4 times, and they were beat back every time by people like you. It's clear Congress is completely out of touch with modern technology, so this week, as Congress rushes toward a vote on CISA, we are going to send them thousands of faxes, a technology from the 1980s that is hopefully antiquated enough for them to understand. Sending a fax is super easy — you can use this page to send a fax. Any tweet with the hashtag #faxbigbrother will get turned into a fax to Congress too, so what are you waiting for? Click here to send a fax now!

The bill also allows the head of a federal agency or department “to disclose to the Secretary or a private entity providing assistance to the Secretary…information traveling to or from or stored on an agency information system, notwithstanding any other law that would otherwise restrict or prevent agency heads from disclosing such information to the Secretary.” (Emphasis added.) So confidential, proprietary or other information otherwise precluded from disclosure under laws like HIPAA or the Privacy Act get waived if the Secretary of DHS or an agency head feel that your email needs to be shared with a government contracted outfit like the Hacking Team for analysis. And the bill explicitly provides for just this kind of cyber threat analysis outsourcing:

(3) PRIVATE ENTITIES. — The Secretary may enter into contracts or other agreements, or otherwise request and obtain the assistance of, private entities that provide electronic communication or information security services to acquire, intercept, retain, use, and disclose communications and other system traffic in accordance with this subsection. The bill further states that the content of your communications, will be retained only if the communication is associated with a known or reasonably suspected information security threat, and communications and system traffic will not be subject to the operation of a countermeasure unless associated with the threats. (Emphasis added.) “Reasonably suspected” is about as squishy a definition as one can find.

CISA backers hoped that the ultimate vote to curb the NSA’s surveillance authority might quell some of the privacy fears surrounding CISA, clearing a path to passage. But numerous budget debates and the Iranian nuclear deal have chewed up much of the Senate’s floor time throughout June and July.  Following the devastating hacks at the Office of Personnel Management (OPM), Senate Republican leaders tried to jump CISA in the congressional queue by offering its language as an amendment to a defense authorization bill.Democrats — including the bill’s original co-sponsor Sen. Dianne Feinstein (D-Calif.) — revolted, angry they could not offer amendments to CISA’s language before it was attached to the defense bill.Cornyn on Tuesday chastised Democrats for stalling a bill that many of them favor.“As you know, Senate Democrats blocked that before on the defense authorization bill,” Cornyn said. “So we had an opportunity to do it then.”Now it’s unclear when the Senate will have another opportunity.When it does, however, CISA could have the votes to get through.

There will be vocal opposition from senators like Wyden and Leahy, and potentially from anti-surveillance advocates like Sens. Rand Paul (R-Ky.), Mike Lee (R-Utah) and Dean Heller (R-Nev.).But finding 40 votes to block the bill completely will be a difficult task.Wyden said he wouldn’t “get into speculation” about whether he could gather the support to stop CISA altogether.“I’m pleased about the progress that we’ve made,” he said.