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"Like many in the community of cryptographers and security engineers, I’m sad that we haven’t better informed the public about the inherent dangers and questionable utility of mass surveillance. And like many American citizens I’m ashamed we’ve let our politicians sneak the country down this path." -- Bonneau On July 18th, Dr. Joseph Bonneau, a software engineer at Google, received the National Security Agency’s award for the best scientific cybersecurity paper.  According to its stated mission, the competition was created to help broaden the scientific foundations of cybersecurity needed in the development of systems that are resilient to cyber attacks. But Bonneau was deeply conflicted about receiving the award, noting on his blog that even though he was flattered to receive the award he didn’t condone the mass surveillance programs run by the NSA:  “Simply put, I don’t think a free society is compatible with an organisation like the NSA in its current form." Bonneau elaborated on his feelings in a Twitter discussion as well as in an interview with Animal during which he said: "I’d rather have it [the NSA] abolished than persist in its current form. I think there’s a question about whether it’s possible to reform the NSA into something that’s more reasonable."

Engineers and researchers like Bonneau have a unique and important role to play in fighting back against NSA oversteps. As Michael Hirsh noted in the Atlantic last month, "The government's massive data collection and surveillance system was largely built not by professional spies or Washington bureaucrats but by Silicon Valley and private defense contractors."  As Hirsh explained, tech companies have contributed enormously to wiring up Big Brother -- companies like Palantir Technologies, Eagle Alliance (of Computer Sciences Corp. and Northrup Grumman) and Booz Allen Hamilton. The only way the government gets to spy on everyone is when people who are intelligent and innovative enough to build scalable surveillance technologies decide to help them.

The National Security Agency would be required to prepare an unclassified report on “all NSA bulk collection activities,” the Senate Appropriations Committee directed in its report on the Fiscal Year 2015 Department of Defense Appropriations bill, published yesterday. The Committee told the NSA to prepare a report “describing all NSA bulk collection activities, including when such activities began, the cost of such activities, what types of records have been collected in the past, what types of records are currently being collected, and any plans for future bulk collection.” Such a report would be expected to clarify whether NSA bulk collection extends beyond the acknowledged telephone metadata program in Section 215 of the USA Patriot Act. The required report is to be “unclassified to the greatest extent possible,” the Senate Committee said. In the reporting requirements that it imposed on NSA, the Senate Appropriations Committee notably went beyond what was required by the Senate or House Intelligence Committees. The Appropriations Committee also directed NSA to submit additional reports on the total number of records acquired and reviewed by NSA in its bulk telephone metadata program over the past five years, and an estimate of the number of records of U.S. persons that have been acquired and reviewed in the telephone metadata program. Another unclassified report is required to provide “a list of terrorist activities that were disrupted, in whole or in part, with the aid of information obtained through NSA’s telephone metadata program.”

Update: Identical reporting language was included by the Senate Appropriations Committee last year in its report on the FY2014 Defense Appropriations bill (h/t @byersalex), yet the required NSA reports were not produced. At Emptywheel, Marcy Wheeler questions the utility of the proposed reports, particularly since the Senate Committee language lacks a clear, unambiguous definition of “bulk collection.”

Written by Ron Paul

Congress’s decline from the Founders’ vision as “first among equals” in government to an echo chamber of the unitary executive, has been a slow but steady process. In the process we have seen a steady stream of unconstitutional wars and civil liberties abuses at home. Nowhere is this decline more evident than in the stark contrast between the Congressional response to intelligence agencies’ abuses during the post-Watergate era and its response to the far more serious NSA abuses uncovered in recent years.

The parallel to the present NSA scandals cannot be ignored. What is completely different, however, is that Congress is today acting as an advocate for the executive branch’s continuing abuses, and as an opponent to the civil liberties of US citizens. Not only has Congress – with a precious few exceptions – accepted the NSA’s mass spying program on American citizens, it has actually been encouraging the president to continue and expand the program!   Where once there was a Congressional committee to challenge and oppose the president’s abuse of power, today the president himself has been even allowed by a complacent Congress to hand pick his own NSA review commission!   Are we really expected to believe that a commission appointed by the president to look into the activities of the president’s intelligence services will come to anything more than a few superficial changes to give the impression of real reform?  

US intelligence chiefs have confirmed that the National Security Agency has used a "back door" in surveillance law to perform warrantless searches on Americans’ communications.The NSA's collection programs are ostensibly targeted at foreigners, but in August the Guardian revealed a secret rule change allowing NSA analysts to search for Americans' details within the databases.Now, in a letter to Senator Ron Wyden, an Oregon Democrat on the intelligence committee, the director of national intelligence, James Clapper, has confirmed the use of this legal authority to search for data related to “US persons”.

“There have been queries, using US person identifiers, of communications lawfully acquired to obtain foreign intelligence targeting non-US persons reasonably believed to be located outside the United States,” Clapper wrote in the letter, which has been obtained by the Guardian.“These queries were performed pursuant to minimization procedures approved by the Fisa court and consistent with the statute and the fourth amendment.” The legal authority to perform the searches, revealed in top-secret NSA documents provided to the Guardian by Edward Snowden, was denounced by Wyden as a “backdoor search loophole.”Many of the NSA's most controversial programs collect information under the law affected by the so-called loophole. These include Prism, which allows the agency to collect data from Google, Apple, Facebook, Yahoo and other tech companies, and the agency's Upstream program – a huge network of internet cable taps.

Clapper did not say how many warrantless searches had been performed by the NSA. It was not the first time the searches had been confirmed: after the Snowden leaks, the office of the director of national intelligence declassified documents that discussed the rule change. But Clapper's letter drew greater attention to the issue.Confirmation that the NSA has searched for Americans’ communications in its phone call and email databases complicates President Barack Obama’s initial defenses of the broad surveillance in June.“When it comes to telephone calls, nobody is listening to your telephone calls. That’s not what this program’s about,” Obama said. “As was indicated, what the intelligence community is doing is looking at phone numbers and durations of calls. They are not looking at people’s names, and they’re not looking at content.”Obama was referring specifically to the bulk collection of US phone records, but his answer misleadingly suggested that the NSA could not examine Americans’ phone calls and emails.

In response to political scandal and public outrage, official Washington repeatedly uses the same well-worn tactic. It is the one that has been hauled out over decades in response to many of America's most significant political scandals. Predictably, it is the same one that shaped President Obama's much-heralded Friday speech to announce his proposals for "reforming" the National Security Agency in the wake of seven months of intense worldwide controversy.The crux of this tactic is that US political leaders pretend to validate and even channel public anger by acknowledging that there are "serious questions that have been raised". They vow changes to fix the system and ensure these problems never happen again. And they then set out, with their actions, to do exactly the opposite: to make the system prettier and more politically palatable with empty, cosmetic "reforms" so as to placate public anger while leaving the system fundamentally unchanged, even more immune than before to serious challenge.

In response to political scandal and public outrage, official Washington repeatedly uses the same well-worn tactic. It is the one that has been hauled out over decades in response to many of America's most significant political scandals. Predictably, it is the same one that shaped President Obama's much-heralded Friday speech to announce his proposals for "reforming" the National Security Agency in the wake of seven months of intense worldwide controversy.The crux of this tactic is that US political leaders pretend to validate and even channel public anger by acknowledging that there are "serious questions that have been raised". They vow changes to fix the system and ensure these problems never happen again. And they then set out, with their actions, to do exactly the opposite: to make the system prettier and more politically palatable with empty, cosmetic "reforms" so as to placate public anger while leaving the system fundamentally unchanged, even more immune than before to serious challenge.This scam has been so frequently used that it is now easily recognizable.

Intelligence community whistleblowers would have been able to submit their complaints to the Privacy and Civil Liberties Oversight Board (PCLOB) under a proposed amendment to the intelligence authorization act that was offered last week by Rep. Tulsi Gabbard (D-HI). This could have been an elegant solution to the whistleblowing conundrum posed by Edward Snowden. It made little sense for Snowden to bring his concerns about bulk collection of American phone records to the congressional intelligence committees, considering that they had already secretly embraced the practice. The PCLOB, by contrast, has staked out a position as an independent critical voice on intelligence policy. (And it has an unblemished record for protecting classified information.) The Board’s January 2014 report argued cogently and at length that the Section 215 bulk collection program was likely unlawful as well as ineffective. In short, the PCLOB seemed like a perfect fit for any potential whistleblower who might have concerns about the legality or propriety of current intelligence programs from a privacy or civil liberties perspective.

But when Rep. Gabbard offered her amendment to the intelligence authorization act last week, it was not voted down– it was blocked. The House Rules Committee declared that the amendment was “out of order” and could not be brought to a vote on the House floor. Several other amendments on transparency issues met a similar fate. These included a measure proposed by Rep. Adam Schiff to require reporting on casualties resulting from targeted killing operations, a proposal to disclose intelligence spending at the individual agency level, and another to require disclosure of the number of U.S. persons whose communications had been collected under FISA, among others. In dismay at this outcome, Rep. Rush Holt (D-NJ) and I lamented the “staggering failure of oversight” in a May 30 op-ed. See The House Committee on Intelligence Needs Oversight of Its Own, MSNBC.

The House did approve an amendment offered by Rep. John Carney (D-DE) to require the Director of National Intelligence “to issue a report to Congress on how to improve the declassification process across the intelligence community.” While the DNI’s views on the subject may indeed be of interest, the amendment failed to specify the problem it intended to address (erroneous classification standards? excessive backlogs? something else?), and so it is unclear exactly what is to be improved.

British authorities are capable of tapping into bulk communications data collected by other countries' intelligence services—including the National Security Agency—without a warrant, according to secret government documents released Tuesday. The agreement between the NSA and Britain's spy agency, known as Government Communications Headquarters or GCHQ, potentially puts the Internet and phone data of Americans in the hands of another country without legal oversight when obtaining a warrant is "not technically feasible."   The data, once obtained, can be kept for up to two years, according to internal policies disclosed by the British government. GCHQ was forced to reveal that it can request and receive vast quantities of raw, unanalyzed data collected from foreign governments it partners with during legal proceedings in a closed court hearing in a case brought by various international human-rights organizations, including Privacy International, Liberty U.K., and Amnesty International. The suit challenges certain aspects of GCHQ's surveillance practices.

It is well known that the NSA and GCHQ closely share intelligence data with one another, as part of a long-standing surveillance partnership. Some details of the agencies' spy pact were exposed by former NSA contractor Edward Snowden last year, including the existence of GCHQ's Tempora program, which taps into fiber-optic cables to scoop up online and telephone traffic across the Web for up to 30 days. But this is the first time the British government has disclosed that it does not require a warrant to access data collected and maintained by its American counterparts. The revelation appears to counter statements made by an oversight committee of the British Parliament in July of last year that "in each case where GCHQ sought information from the U.S., a warrant for interception, signed by a minister, was already in place."   It is unclear whether any restrictions on Britain's access to NSA surveillance data is imposed by the U.S. However, documents provided by Snowden to The Guardian last year reveal that the NSA shares raw intelligence data with Israel without removing information about U.S. citizens.

In a statement, the NSA said it works with a number of partner countries to further its "foreign intelligence mission." But it did not specify whether it was aware of or condoned Britain's apparent warrantless access of its data. "Whenever NSA shares intelligence information, we comply with all applicable rules, including rules designed to safeguard U.S. person information," the agency said. "NSA does not ask its foreign partners to undertake any intelligence activity that the U.S. government would be legally prohibited from undertaking itself." American privacy advocates quickly condemned any warrantless access of U.S. communications data by British authorities.   "The 'arrangement' disclosed today suggests that the two countries are circumventing even the very weak safeguards that have been put in place," Jameel Jaffer, deputy legal director of the American Civil Liberties Union, said in a statement to National Journal. "It underscores both the inadequacy of existing oversight structures and the pressing need for [surveillance] reform."

Consider the latest leak sourced to Edward Snowden from the perspective of his detractors. The National Security Agency's defenders would have us believe that Snowden is a thief and a criminal at best, and perhaps a traitorous Russian spy. In their telling, the NSA carries out its mission lawfully, honorably, and without unduly compromising the privacy of innocents. For that reason, they regard Snowden's actions as a wrongheaded slur campaign premised on lies and exaggerations. But their narrative now contradicts itself. The Washington Post's latest article drawing on Snowden's leaked cache of documents includes files "described as useless by the analysts but nonetheless retained" that "tell stories of love and heartbreak, illicit sexual liaisons, mental-health crises, political and religious conversions, financial anxieties and disappointed hopes. The daily lives of more than 10,000 account holders who were not targeted are catalogued and recorded nevertheless."

I never thought I'd see this day: The founder of Lawfare has finally declared that a national-security-state employee perpetrated a huge civil-liberties violation! Remember this if he ever again claims that NSA critics can't point to a single serious abuse at the agency. Wittes himself now says there's been a serious abuse. The same logic applies to Keith Alexander, James Clapper, Michael Hayden, Stewart Baker, Edward Lucas, John Schindler, and every other anti-Snowden NSA defender. So long as they insist that Snowden is a narcissistic criminal and possible traitor, they have no choice but to admit that the NSA collected and stored intimate photos, emails, and chats belonging to totally innocent Americans and safeguarded them so poorly that a ne'er-do-well could copy them onto thumb drives. 

They have no choice but to admit that the NSA was so bad at judging who could be trusted with this sensitive data that a possible traitor could take it all to China and Russia. Yet these same people continue to insist that the NSA is deserving of our trust, that Americans should keep permitting it to collect and store massive amounts of sensitive data on innocents, and that adequate safeguards are in place to protect that data. To examine the entirety of their position is to see that it is farcical. Here's the reality. The NSA collects and stores the full content of extremely sensitive photographs, emails, chat transcripts, and other documents belong to Americans, itself a violation of the Constitution—but even if you disagree that it's illegal, there's no disputing the fact that the NSA has been proven incapable of safeguarding that data. There is not the chance the data could leak at sometime in the future. It has already been taken and given to reporters. The necessary reform is clear. Unable to safeguard this sensitive data, the NSA shouldn't be allowed to collect and store it.

The nation’s top technology firms and a coalition of privacy groups are urging Congress to place curbs on government surveillance in the face of a fast-approaching deadline for legislative action. A set of key Patriot Act surveillance authorities expire June 1, but the effective date is May 21 — the last day before Congress breaks for a Memorial Day recess. In a letter to be sent Wednesday to the Obama administration and senior lawmakers, the coalition vowed to oppose any legislation that, among other things, does not ban the “bulk collection” of Americans’ phone records and other data.

We know that there are some in Congress who think that they can get away with reauthorizing the expiring provisions of the Patriot Act without any reforms at all,” said Kevin Bankston, policy director of New America Foundation’s Open Technology Institute, a privacy group that organized the effort. “This letter draws a line in the sand that makes clear that the privacy community and the Internet industry do not intend to let that happen without a fight.” At issue is the bulk collection of Americans’ data by intelligence agencies such as the National Security Agency. The NSA’s daily gathering of millions of records logging phone call times, lengths and other “metadata” stirred controversy when it was revealed in June 2013 by former NSA contractor Edward Snowden. The records are placed in a database that can, with a judge’s permission, be searched for links to foreign terrorists.They do not include the content of conversations.

That program, placed under federal surveillance court oversight in 2006, was authorized by the court in secret under Section 215 of the Patriot Act — one of the expiring provisions. The public outcry that ensued after the program was disclosed forced President Obama in January 2014 to call for an end to the NSA’s storage of the data. He also appealed to Congress to find a way to preserve the agency’s access to the data for counterterrorism information.

For the first time since Edward Snowden revealed some of the National Security Agency’s (NSA’s) surveillance programs last June, a congressional committee has voted to send legislation intended to curb the government’s spying power on for a full vote. On Wednesday, the House Judiciary Committee passed a version of the USA Freedom Act, considered by civil liberties advocates to be among the strongest of several competing reform bills. But what lawmakers voted unanimously to approve is a trimmed down version that is narrower in significant ways. The revision is the result of an agreement crafted by members of the Judiciary Committee— including Republican chairman Bob Goodlatte, who voted previously against an attempt to limit the NSA’s reach—in a bid to win wider support. In its compromised form the bill is more specifically focused on the phone records program and the statute that authorizes it, Section 215 of the Patriot Act. Under the amended version of the bill, the government itself would no longer be allowed to hold a database of people’s calling records, and would have to seek a judge’s order before collecting data held by the telecom companies—a change that President Obama has said he would support. The bill would also increase transparency by allowing phone companies to inform the public about the requests for data they receive.

Cut out of the amended version is a ban on unauthorized “back door” searches, the practice of mining a database of foreigners’ communications for the emails and phone calls of American citizens. Such searches are made under a different authority, Section 702 of the Foreign Intelligence Surveillance Act (FISA), which lawmakers left untouched during Wednesday’s markup. The amendment also softened reforms to the secret court that authorizes the NSA’s surveillance activities, and preserved the requirement that the government need only prove “reasonable articulable suspicion” that records sought are relevant to an open investigation—the NSA’s preferred relevancy standard.

there’s valid concern that the phone records program will turn out to be a sacrificial lamb for the administration, something given up in the hopes that Congress will wash its hands of the rest. The dragnet is not disappearing under the USA Freedom Act; metadata will still be available to the government, if not quite so freely; and a single court order will allow officials to explore phone records two “hops” away from the initial target—potentially millions of records. It’s unclear whether the bill explicitly bars intelligence agencies from collecting the contents of communications under Section 215, a provision that originally distinguished the USA Freedom Act from Rogers’s bill. Though the ban was absent in the version that passed the committee, Lofgren speculated that the omission was due to a clerical error. What’s for sure is that Congress’s ability to truly reform—and oversee— the intelligence community remains unclear.

A bipartisan team of California state senators introduced legislation Monday that would prohibit the state and its localities from providing "material support" to the National Security Agency. If the bill becomes law, it would deny NSA facilities access to water and electricity from public utilities, impose sanctions on companies trying to fill the resulting void and outlaw NSA research partnerships with state universities. Companies with state contracts also would be banned from working with the NSA.

The bill's intent is largely symbolic. Universities might be affected, but the NSA does not currently operate a large data facility in the state. A similar bill was introduced in Arizona by state Sen. Kelli Ward, a Republican, in December. Ward described her bill as a preventive strike and a way "to back our neighbors [in Utah] up." The OffNow coalition of advocacy groups is urging Utah lawmakers to pass their own version of the legislation to override the city of Bluffdale's water contract with the NSA's $1.5 billion Utah Data Center. No legislator has publicly announced they will sponsor the bill.

The Arizona and California bills are based on model legislation drafted by the Tenth Amendment Center, which organized the OffNow coalition with the Bill of Rights Defense Committee.

Top secret documents retrieved by U.S. whistleblower Edward Snowden show that Prime Minister Stephen Harper's government allowed the largest American spy agency to conduct widespread surveillance in Canada during the 2010 G8 and G20 summits.

The briefing notes, stamped "Top Secret," show the U.S. turned its Ottawa embassy into a security command post during a six-day spying operation by the National Security Agency while U.S. President Barack Obama and 25 other foreign heads of government were on Canadian soil in June of 2010. The covert U.S. operation was no secret to Canadian authorities.

Notably, the secret NSA briefing document describes part of the U.S. eavesdropping agency's mandate at the Toronto summit as "providing support to policymakers." Documents previously released by Snowden, a former NSA contractor who has sought and received asylum in Russia, suggested that support at other international gatherings included spying on the foreign delegations to get an unfair advantage in any negotiations or policy debates at the summit. It was those documents that first exposed the spying on world leaders at the London summit. More recently, Snowden's trove of classified information revealed Canada's eavesdropping agency had hacked into phones and computers in the Brazilian government's department of mines, a story that touched off a political firestorm both in that country and in Ottawa.

Tech giants including Apple, Facebook and Google called for substantial reforms to the US government's surveillance programmes Thursday in a letter to the Senate judiciary committee.In the wake of more revelations about the lengths to which the National Security Agency has gone to intercept data, the companies have called for more transparency and "substantial enhancements to privacy protections and appropriate oversight and accountability mechanisms for those programs."The letter, also signed by AOL, Microsoft and Yahoo, follows the release of more documents obtained by former NSA contractor Edward Snowden that reveal the US authorities were secretly tapping in to the tech firm's main communications links.The letter "applauds" the USA Freedom Act, a bill sponsored by Democrat senator Patrick Leahy and Republican congressman James Sensenbrenner that would end the bulk collection of data from millions of Americans and set up a privacy advocate to monitor the Fisa court, which oversees the NSA's US activities.

In a recent report the Information Technology and Innovation Foundation (ITIF) said the US tech firms could end up losing out on tens of billions of dollars in the cloud-based computing space in the wake of Snowden's revelations. Cloud computing is a rapidly growing area and revelations that the US authorities have been scooping up the personal data of millions of users, particularly outside the US, could cost them business."On the low end, US cloud computing providers might lose $21.5bn over the next three years," ITIF concluded. On the high end the report put the figure at $35bn.

Appearing on Fox News Channel on Sunday, Rep. Peter King (R-NY) dismissed members of Congress calling for the National Security Agency to reform its information gathering practices. He insisted that even members of Congress should be monitored by the NSA, just like every other American, in case they are “talking to an Al Qaeda leader in Iraq or Afghanistan.”

King objected to Sen. Bernie Sanders (I-VT) who objected to the NSA monitoring the communications of elected representatives. “I think members of Congress should be treated the same as everyone else,” King said. “If a member of Congress is talking to an Al Qaeda leader in Iraq or Afghanistan, why should that member of Congress be any different from any person on the street?” He added that Sanders was attempting to imply that the NSA is “spying” on Congress. “They’re not spying on anyone,” he added.

Perhaps you already assume that there's some kind of twisted marriage between Wall Street megabanks and the US global surveillance regime. Why wouldn't there be? But not even a total cynic could have anticipated spymaster Keith Alexander cashing in this hard, this fast. As Bloomberg recently reported, the former National Security Agency chief, who resigned in March at the age of 62, quickly offered his cyber-security expertise at the eye-popping price of $1 million per month to an assortment of shady business lobbies. And now at least one member of Congress is probing this most delightfully dystopian of arrangements, raising the possibility that Alexander will be shamed out of the practice, if nothing else. “Disclosing or misusing classified information for profit is, as Mr. Alexander well knows, a felony. I question how Mr. Alexander can provide any of the services he is offering unless he discloses or misuses classified information, including extremely sensitive sources and methods,” Florida Democratic Rep. Alan Grayson wrote one of the business groups, the Security Industries and Financial Markets Association (SIFMA), which holds it down for Wall Street in Washington. “Without the classified information that he acquired in his former position, he literally would have nothing to offer to you.”

In an interview Monday, Grayson was even more strident in his criticism. "Frankly, what the general is doing is beginning to resemble an extortion racket," he told me. "This is a man who basically lied for a living, and he continues to do that." To be clear, what's uniquely outrageous about Alexander, who has apparently lowered his asking price to $600,000, is not that he is a former US official dangling his alleged expertise and the allure of privileged access to government officials before Wall Street. Former Secretary of State Hillary Clinton, who served under Barack Obama and is the odds-on favorite to succeed him, does this all the time, usually at a rate of about $250,000 a pop. (Indeed, one might argue that the very fact she has managed to do so while enjoying a stellar national reputation is what signaled to Alexander he might as well dive headlong through the revolving door.) But the former NSA head presumably knows things about sophisticated intelligence-gathering practices that very, very few people on Earth have been privy to—information that could be useful in the private sector, which has a tendency to collude with the military in ways that made former President and World War II General Dwight Eisenhower very sad.

"What could he possibly have that's worth $1 million a month other than classified information?" wonders Melanie Sloan, founder of Citizens for Responsibility and Ethics in Washington (CREW), a good government group. "That's more than former presidents make." Indeed, even former President Bill Clinton, whose corruption since leaving office is by now the stuff of legend, doesn't have the gall to ask for that much per gig. There's a sort of "fuck it!" attitude to what Alexander is doing, seemingly kicking sand in the face of everyone angry at his surveillance regime by getting paid to reflect on the experience of assembling it. More ominously, there's the prospect that Alexander, whether deliberately or otherwise, may have left behind vulnerabilities while running the NSA so as to put himself in prime position to effectively hold the banks hostage now. Certainly, there have been reports suggesting the agency was aware of some vulnerabilities it either could or did not address.   "What is especially troubling is he might actually be worth it," says former North Carolina Democratic Congressman Brad Miller, who worked extensively on financial regulation and Wall Street reform in Congress. "He's obviously not a computer geek. Some of the things that might have seemed paranoid a few years ago now seem more than plausible given what we've already learned the NSA has been doing."

The US intelligence community has delivered a limited list of tweaks to how long it can hold information on ordinary citizens and hide secret trawls for data, responding to Barack Obama’s call for reform of its surveillance practices in the wake of revelations about NSA practices. Published by the office of the director of national intelligence, James Clapper, just six days before a recently announced visit to Washington by the German chancellor, Angela Merkel, the report is the culmination of a year-long effort to respond to revelations by whistleblower Edward Snowden.

But the report does not appear to address the role of telecommunications companies in collecting metadata and the use of encryption to prevent hacking, and privacy critics were quick to pounce on a year of promises with little reform to show. “It’s hard to see much ‘there’ there,” Senator Ron Wyden said in a statement. “When it comes to reforming intelligence programs and protecting Americans’ privacy, there is much, much more work to be done.” The outline from the intelligence community also appears to fall short of the legislative changes attempted by campaigners in Congress, focusing instead on measures to tighten internal guidelines and provide foreigners with some of the protections allowed for US citizens. These measures include:

Limiting how long personal data gathered from non-US citizens can be held to five years, so long as it is deemed not relevant to ongoing intelligence investigations. Asking Congress to provide some foreign nationals access to legal redress if their private information has been wilfully disclosed by US intelligence agencies. Limiting to three years how long the FBI can prevent disclosure of its surveillance activities using so-called national security letters, unless a special agent deems otherwise.

Lawmakers are renewing their calls for an end to a controversial surveillance program that collects data about virtually all American phone calls, citing the newest recommendations from a government privacy board.This newest set of recommendations “spells the final end of the government's bulk collection” of phone call data, Rep. Adam Schiff (D-Calif.) said in a statement.The Privacy and Civil Liberties Oversight Board — tasked with overseeing the country’s surveillance activities — released its first report on the controversial surveillance programs made public by former National Security Agency contractor Edward Snowden last year.

The board recommended that the government end the phone data program, questioning its efficacy and saying that it “lacks a viable legal foundation” and “raises serious threats to privacy and civil liberties as a policy matter, and has shown only limited value.”Last week, President Obama outlined changes he plans to make to the surveillance program, including requiring intelligence agencies to get court approval before accessing the phone data.Critics of the NSA and its phone data program say Obama didn’t go far enough in his speech and are now pointing to the privacy board’s report as evidence that more needs to be done.“The president's recommendations last week did not go far enough to rein in the out-of-control National Security Agency,” Sen. Bernie Sanders (I-Vt.) — who has questioned the intelligence community on whether it spies on officials — said in a statement.

“This report underscores that the collection of records on virtually every phone call made in the United States is an unconstitutional violation of the privacy rights guaranteed by the Fourth Amendment,” he said, calling on Congress to “pass strong legislation to protect the privacy and civil liberties of the American people.”Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.), co-author of the USA Freedom Act, which would end bulk surveillance programs, said the report highlights the need for congressional action.“The report appropriately calls into question the legality and constitutionality of the program, and underscores the need to change the law to rein in the government’s overbroad interpretation” of its surveillance authority, he said in a statement.Schiff called for congressional action before next year’s sunset of a surveillance-enabling national security law.“Congress will not re-authorize bulk collection of this data when it expires next year, but Congress should not wait for the program to expire on its own,” he said. “Rather we should work to restructure the program now.”

A resolution introduced yesterday by Sen. John McCain would establish a new Senate Select Committee to investigate the unauthorized disclosures of classified information on National Security Agency collection programs and their implications for national policy. The McCain resolution is framed broadly and touches on many issues besides leaks, including intelligence policy, congressional oversight, the role of contractors, the constitutionality of current intelligence programs, and more. The resolution asserts that “senior officials in the intelligence community may have misled Congress or otherwise obfuscated the nature, extent, or use of certain intelligence-collection programs, operations, and activities of the National Security Agency, including intelligence-collection programs affecting Americans.” “[T]he provision of incomplete or inaccurate information by officials of the intelligence community has inhibited effective congressional oversight of certain intelligence-collection programs, operations, and activities of the National Security Agency, including intelligence-collection programs affecting Americans, and undermined congressional and public support of these programs,” the resolution stated.

Moreover, “some such programs, operations, and activities that are the subject matter of the unauthorized disclosures may not have been authorized, or may have exceeded that which was authorized, by law, or may not have been permitted under the Constitution of the United States.” The proposed new select committee would investigate the unauthorized disclosures and assess how they occurred, the damage to U.S. national security that resulted, and how such damage could be mitigated. The committee would review the role of intelligence contractors and the adequacy of current management controls.

The committee would evaluate the legality, constitutionality, and efficacy of the NSA collection programs that have been disclosed. It would also consider “the need for greater transparency and more effective congressional oversight of intelligence community activities,” and whether existing laws are sufficient “to safeguard the rights and privacies of citizens of the United States.” In proposing a new select committee, Senator McCain is implicitly declaring that existing oversight procedures are inadequate, and that a new, more fundamental approach is required. The prospects for the McCain proposal to become a reality are uncertain.

President Obama announced plans to pursue reforms that would open the legal proceedings surrounding the National Security Agency’s surveillance programs to greater scrutiny. » Obama announces proposals to reform NSA surveillance Obama administration white paper on NSA surveillance oversight

Some lawmakers called Friday for reforms and greater transparency in the surveillance operations of the National Security Agency following a report that the agency repeatedly violated privacy rules, while U.S. officials stressed that any mistakes are not intentional. The contrasting reactions came after The Washington Post reported that the NSA broke rules or overstepped its legal authority thousands of times in recent years, and the chief judge of the special federal surveillance court that oversees NSA spy programs said the court’s ability to provide oversight is limited.

Two leading critics of the surveillance programs said Friday that the administration has long underplayed the programs’ impact on privacy. “We believe Americans should know” that the report of violations “is just the tip of a larger iceberg,” Sens. Ron Wyden (D-Ore.) and Mark Udall (D-Colo.) said in a statement.