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Did Congress's Best Plan for NSA Reform Just Lose Its Teeth? | The Nation - 0 views

  • 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.
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Secret to Prism program: Even bigger data seizure - 0 views

  • The revelation of Prism this month by the Washington Post and Guardian newspapers has touched off the latest round in a decade-long debate over what limits to impose on government eavesdropping, which the Obama administration says is essential to keep the nation safe. But interviews with more than a dozen current and former government and technology officials and outside experts show that, while Prism has attracted the recent attention, the program actually is a relatively small part of a much more expansive and intrusive eavesdropping effort. Americans who disapprove of the government reading their emails have more to worry about from a different and larger NSA effort that snatches data as it passes through the fiber optic cables that make up the Internet's backbone. That program, which has been known for years, copies Internet traffic as it enters and leaves the United States, then routes it to the NSA for analysis.
  • Whether by clever choice or coincidence, Prism appears to do what its name suggests. Like a triangular piece of glass, Prism takes large beams of data and helps the government find discrete, manageable strands of information. The fact that it is productive is not surprising; documents show it is one of the major sources for what ends up in the president's daily briefing. Prism makes sense of the cacophony of the Internet's raw feed. It provides the government with names, addresses, conversation histories and entire archives of email inboxes.
  • The NSA is prohibited from spying on Americans or anyone inside the United States. That's the FBI's job and it requires a warrant. Despite that prohibition, shortly after the Sept. 11 terrorist attacks, President George W. Bush secretly authorized the NSA to plug into the fiber optic cables that enter and leave the United States, knowing it would give the government unprecedented, warrantless access to Americans' private conversations. Tapping into those cables allows the NSA access to monitor emails, telephone calls, video chats, websites, bank transactions and more. It takes powerful computers to decrypt, store and analyze all this information, but the information is all there, zipping by at the speed of light. "You have to assume everything is being collected," said Bruce Schneier, who has been studying and writing about cryptography and computer security for two decades. The New York Times disclosed the existence of this effort in 2005. In 2006, former AT&T technician Mark Klein revealed that the company had allowed the NSA to install a computer at its San Francisco switching center, a key hub for fiber optic cables.
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  • Many of the people interviewed for this report insisted on anonymity because they were not authorized to publicly discuss a classified, continuing effort. But those interviews, along with public statements and the few public documents available, show there are two vital components to Prism's success. The first is how the government works closely with the companies that keep people perpetually connected to each other and the world. That story line has attracted the most attention so far. The second and far murkier one is how Prism fits into a larger U.S. wiretapping program in place for years.
  • The government has said it minimizes all conversations and emails involving Americans. Exactly what that means remains classified. But former U.S. officials familiar with the process say it allows the government to keep the information as long as it is labeled as belonging to an American and stored in a special, restricted part of a computer. That means Americans' personal emails can live in government computers, but analysts can't access, read or listen to them unless the emails become relevant to a national security investigation. The government doesn't automatically delete the data, officials said, because an email or phone conversation that seems innocuous today might be significant a year from now. What's unclear to the public is how long the government keeps the data. That is significant because the U.S. someday will have a new enemy. Two decades from now, the government could have a trove of American emails and phone records it can tap to investigative whatever Congress declares a threat to national security.
  • The Bush administration shut down its warrantless wiretapping program in 2007 but endorsed a new law, the Protect America Act, which allowed the wiretapping to continue with changes: The NSA generally would have to explain its techniques and targets to a secret court in Washington, but individual warrants would not be required. Congress approved it, with Sen. Barack Obama, D-Ill., in the midst of a campaign for president, voting against it.
  • That's one example of how emails belonging to Americans can become swept up in the hunt. In that way, Prism helps justify specific, potentially personal searches. But it's the broader operation on the Internet fiber optics cables that actually captures the data, experts agree. "I'm much more frightened and concerned about real-time monitoring on the Internet backbone," said Wolf Ruzicka, CEO of EastBanc Technologies, a Washington software company. "I cannot think of anything, outside of a face-to-face conversation, that they could not have access to."
  • When the Protect America Act made warrantless wiretapping legal, lawyers and executives at major technology companies knew what was about to happen.
  • For years, the companies had been handling requests from the FBI. Now Congress had given the NSA the authority to take information without warrants. Though the companies didn't know it, the passage of the Protect America Act gave birth to a top-secret NSA program, officially called US-98XN. It was known as Prism. Though many details are still unknown, it worked like this:
  • Facebook said it received between 9,000 and 10,000 requests for data from all government agencies in the second half of last year. The social media company said fewer than 19,000 users were targeted.
  • Every company involved denied the most sensational assertion in the Prism documents: that the NSA pulled data "directly from the servers" of Microsoft, Yahoo, Google, Facebook, AOL and more. Technology experts and a former government official say that phrasing, taken from a PowerPoint slide describing the program, was likely meant to differentiate Prism's neatly organized, company-provided data from the unstructured information snatched out of the Internet's major pipelines. In slide made public by the newspapers, NSA analysts were encouraged to use data coming from both Prism and from the fiber-optic cables. Prism, as its name suggests, helps narrow and focus the stream. If eavesdroppers spot a suspicious email among the torrent of data pouring into the United States, analysts can use information from Internet companies to pinpoint the user. With Prism, the government gets a user's entire email inbox. Every email, including contacts with American citizens, becomes government property. Once the NSA has an inbox, it can search its huge archives for information about everyone with whom the target communicated. All those people can be investigated, too.
  • What followed was the most significant debate over domestic surveillance since the 1975 Church Committee, a special Senate committee led by Sen. Frank Church, D-Idaho, reined in the CIA and FBI for spying on Americans. Unlike the recent debate over Prism, however, there were no visual aids, no easy-to-follow charts explaining that the government was sweeping up millions of emails and listening to phone calls of people accused of no wrongdoing.
  • A few months after Obama took office in 2009, the surveillance debate reignited in Congress because the NSA had crossed the line. Eavesdroppers, it turned out, had been using their warrantless wiretap authority to intercept far more emails and phone calls of Americans than they were supposed to. Obama, no longer opposed to the wiretapping, made unspecified changes to the process. The government said the problems were fixed.
  • Schneier, the author and security expert, said it doesn't really matter how Prism works, technically. Just assume the government collects everything, he said. He said it doesn't matter what the government and the companies say, either. It's spycraft, after all. "Everyone is playing word games," he said. "No one is telling the truth."
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    Associated Press is now doing its job with a masterful overview of NSA capabilities, discussing how NSA scoops up all "backbone" telecommunications, then uses PRISM to narrow down the specific communications they decide to look at. This one is a "must read" article if you're interested in the NSA scandal. It ties a lot of the pieces together.  
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Obama Losing It Over Über Patriot Edwards Snowden - 2 views

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    This blog was bookmarked by Marbux a few days ago, and i finally had some time to catch up. It's really extraordinary. The information is an analysis of the ongoing battle between Obama and his illegal NSA spying activities and uber patriot, Edward Snowden; and his media connection Glen Greenwald of the UK Guardian. So far the patriots are winning. So often we hear the facts about an issue; the date, time and places stuff. But rarely do we find insightful analysis where the dots are connected. Naked Capitalism provides exactly that kind of insight. Awesome covergage! Covers Congressman Alan Grayson's unsuccessful attempts to hold a hearing on NSA activities. Grayson has scheduled Greenwald to appear and testify before Congress. excerpt: "Shortly after the vote, Alan Grayson invited members to a session scheduled for the morning of Wednesday, July 31, in which Greenwald would testify via video link. Richard Clarke, the chairman of the Counter-terrorism Security Group and a member of the National Security Group, was also scheduled to participate. Within 24 hours of Grayson announcing the meeting, which got the expected considerable interest from members, Clarke withdrew. He initially claimed to have developed a scheduling conflict, but it became clear he'd gotten the Elizabeth Warren treatment from the Administration, of being offered an undisclosed goodie (not of monetary value, but of participation in an insider process) and he was told that participating in this session would preclude his involvement in the other initiative. But that monkey wrench apparently wasn't sufficient. The prospect of having Greenwald and other whistleblowers develop a direct relationship with members of Congress, who had just barely been kept on the reservation, was too threatening to Obama. Jane Hamsher tells us the denouement: President Obama has historically considered the Hill some lower bardo of hell. One of the major complaints of congressional Democrats has always
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    Thanks Paul. Not sure how Google News does that. Especially since the link I followed was from your Diigo bookmark! It had nothing to do with Google News! Also, Diigo does not provide a way to edit the URL???? No editing options???? Must be a new crippleware feature.
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Obama halted NSA spying on IMF and World Bank headquarters | Reuters - 0 views

  • (Reuters) - President Barack Obama has ordered the National Security Agency to stop eavesdropping on the headquarters of the International Monetary Fund and World Bank as part of a review of intelligence gathering activities, according to a U.S. official familiar with the matter.
  • The first official said Obama had ordered a halt to such practices within the last few weeks, about the same time he instructed the NSA to curtail eavesdropping on the United Nations headquarters in New York.
  • It is no secret that U.S. spy agencies historically have collected and analyzed information related to economic affairs - in public briefings to Congress, top intelligence officials have discussed assessments of economic issues.But a former senior U.S. intelligence official said that the Obama Administration had put greater emphasis and resources than predecessors into collecting and assessing economic information.In February 2009, shortly after Obama entered the White House, the Central Intelligence Agency began producing a new "Economic Intelligence Brief" for him to review along with the regular President's Daily Brief on international security and threats.Leon Panetta, Obama's first CIA director, said at the time the change was aimed at understanding the implications of the global economic crisis, and that the agency was considering hiring more economic analysts.The former U.S. intelligence official noted that insider detail on economic policy developments - for example, financial crises affecting the economies of European countries such as Greece, Italy and Spain, and the stability of the Euro - is the type of critical information U.S. policymakers welcome.
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  • The desire by U.S. policymakers for such information could help explain why NSA collected information on foreign leaders such as Merkel. Her cellphone number was listed in a NSA targeting document, which German media outlets apparently obtained from Snowden's cache. U.S. officials have now indicated that much NSA eavesdropping on Merkel and other allied leaders is likely to be curtailed if not halted.
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    Heaven forbid that anyone should even suspect that the NSA's economic intelligence is also being used by banksters to make investment decisions. No every NSA and NSA contractor staffer can be trusted to never disclose NSA secrets to others... er ... except Edward Snowden and he gave those secrets to journalists, not to banksters. The rest can all be trusted, no matter how much money they are offered. 
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Obama calls Japanese leader to express regret for WikiLeaks spying scandal | US news | ... - 0 views

  • Barack Obama has called Japan’s leader to express regret over recent WikiLeaks allegations that the US had spied on senior Japanese officials. Obama told prime minister Shinzo Abe that he thought the trouble the revelations caused Abe and his government was regrettable, a Japanese government spokesman told reporters. The 40-minute call took place Wednesday morning Japan time. Japanese officials faced questioning from the media and in parliament after WikiLeaks posted online what appeared to be five US National Security Agency reports on Japanese positions on international trade and climate change. They date from 2007 to 2009. WikiLeaks also posted what it says was an NSA list of 35 Japanese targets for telephone intercepts.
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Obama administration opts not to force firms to decrypt data - for now - The Washington... - 0 views

  • After months of deliberation, the Obama administration has made a long-awaited decision on the thorny issue of how to deal with encrypted communications: It will not — for now — call for legislation requiring companies to decode messages for law enforcement. Rather, the administration will continue trying to persuade companies that have moved to encrypt their customers’ data to create a way for the government to still peer into people’s data when needed for criminal or terrorism investigations. “The administration has decided not to seek a legislative remedy now, but it makes sense to continue the conversations with industry,” FBI Director James B. Comey said at a Senate hearing Thursday of the Homeland Security and Governmental Affairs Committee.
  • The decision, which essentially maintains the status quo, underscores the bind the administration is in — balancing competing pressures to help law enforcement and protect consumer privacy. The FBI says it is facing an increasing challenge posed by the encryption of communications of criminals, terrorists and spies. A growing number of companies have begun to offer encryption in which the only people who can read a message, for instance, are the person who sent it and the person who received it. Or, in the case of a device, only the device owner has access to the data. In such cases, the companies themselves lack “backdoors” or keys to decrypt the data for government investigators, even when served with search warrants or intercept orders.
  • The decision was made at a Cabinet meeting Oct. 1. “As the president has said, the United States will work to ensure that malicious actors can be held to account — without weakening our commitment to strong encryption,” National Security Council spokesman Mark Stroh said. “As part of those efforts, we are actively engaged with private companies to ensure they understand the public safety and national security risks that result from malicious actors’ use of their encrypted products and services.” But privacy advocates are concerned that the administration’s definition of strong encryption also could include a system in which a company holds a decryption key or can retrieve unencrypted communications from its servers for law enforcement. “The government should not erode the security of our devices or applications, pressure companies to keep and allow government access to our data, mandate implementation of vulnerabilities or backdoors into products, or have disproportionate access to the keys to private data,” said Savecrypto.org, a coalition of industry and privacy groups that has launched a campaign to petition the Obama administration.
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  • To Amie Stepanovich, the U.S. policy manager for Access, one of the groups signing the petition, the status quo isn’t good enough. “It’s really crucial that even if the government is not pursuing legislation, it’s also not pursuing policies that will weaken security through other methods,” she said. The FBI and Justice Department have been talking with tech companies for months. On Thursday, Comey said the conversations have been “increasingly productive.” He added: “People have stripped out a lot of the venom.” He said the tech executives “are all people who care about the safety of America and also care about privacy and civil liberties.” Comey said the issue afflicts not just federal law enforcement but also state and local agencies investigating child kidnappings and car crashes — “cops and sheriffs . . . [who are] increasingly encountering devices they can’t open with a search warrant.”
  • One senior administration official said the administration thinks it’s making enough progress with companies that seeking legislation now is unnecessary. “We feel optimistic,” said the official, who spoke on the condition of anonymity to describe internal discussions. “We don’t think it’s a lost cause at this point.” Legislation, said Rep. Adam Schiff (D-Calif.), is not a realistic option given the current political climate. He said he made a recent trip to Silicon Valley to talk to Twitter, Facebook and Google. “They quite uniformly are opposed to any mandate or pressure — and more than that, they don’t want to be asked to come up with a solution,” Schiff said. Law enforcement officials know that legislation is a tough sell now. But, one senior official stressed, “it’s still going to be in the mix.” On the other side of the debate, technology, diplomatic and commerce agencies were pressing for an outright statement by Obama to disavow a legislative mandate on companies. But their position did not prevail.
  • Daniel Castro, vice president of the Information Technology & Innovation Foundation, said absent any new laws, either in the United States or abroad, “companies are in the driver’s seat.” He said that if another country tried to require companies to retain an ability to decrypt communications, “I suspect many tech companies would try to pull out.”
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Wanted! Obama » CounterPunch: Tells the Facts, Names the Names - 0 views

  • It is as though Edward Snowden’s disclosures had never been made, or the US practices in themselves perpetrated. Yet AG Holder with all the majesty of office declares China engaged in criminal economic espionage against America, even DOJ issuing “wanted” posters, pictures and names, of five army officers to stand trial in Pennsylvania for cyberattacks on US corporations and the Steelworkers’ Union. More like it would be, the International Criminal Court issuing an Obama “wanted” poster for war crimes that include intervention, regime change, and assassination, and the World Trade Organization (if it were not dominated already by the US) for the exact kind of espionage Holder charges against China. If we are to be symmetrical, how about a Beijing court issuing subpoenas, accompanied by “wanted” posters for five members of OTNS (Obama Team National Security), say, Clapper, Rice, Comey, Brennan, and Dempsey? The chance of US honoring the request for the extradition of its five, is about as slim as China honoring the request for extraditing, though at a lower functional level in policy making and execution, its five—perhaps selected at random, unless the US has hacked into the computers of, or placed informants in (or both)–the People’s Liberation Army (PLA Unit61398).
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    Interesting essay on the foolishness of the Obama Administrations criminal charges against five Chinese generals for cyber-espionage. 
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LAPD scopes out Israeli drones, 'Big Data' solutions | Nation | Jewish Journal - 0 views

  • For the first nine days of February, eight of the Los Angeles Police Department’s top brass were 7,500 miles away from home, being shuttled around Israel in a minibus.
  • LAPD Deputy Chief Jose Perez, a good-natured 30-year veteran of the department who oversees its central bureau, tweeted updates at nearly every stop. On Feb. 2, he shared a group photo of the Los Angeles delegation visiting the corporate headquarters of Nice Systems, an Israeli security and cyber intelligence company that can intercept and instantly analyze video, audio and text-based communications. (A seemingly tongue-in-cheek inspirational poster on the wall behind them reads: “Every voice deserves to be heard.”)
  • The group visited private security firms and drone manufacturers, as well as the terror-prone Ashdod Port, a museum in Sderot full of old rockets shot from nearby Gaza (the same one United States President Barack Obama visited on his 2008 campaign trip to Israel), and a “safe city” underground control center in the large suburb of Rishon LeZion, which receives live streams from more than 1,000 cameras with license plate recognition installed throughout the city.
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  • Frank was joined by seven of his fellow command staff at the Big Data Intelligence Conference hosted by i-HLS in the beach town of Herzliya, Israel, on Feb. 6. “On behalf of my chief of police, Chief Charlie Beck, and the 13,000-plus sworn and non-sworn members of the Los Angeles Police Department, a very heartfelt thanks to all of you for having me here,” Frank said in an opening statement for the conference, which brought together some of Israel’s — and the world’s — top cyber security and intelligence experts.
  • Frank said he was especially impressed by what he saw while visiting Israeli companies Nice Systems (as tweeted by Perez) and Verint, one of the companies whose services the National Security Administration (NSA) reportedly used in the infamous United States wiretapping scandal. Both companies already count the LAPD as a client. But, Frank said, “we’re looking at some of their additional solutions … They have a lot of new technologies that we are very much interested in.” Nice System’s  president of security, Yaron Tchwella, spoke at the conference about the company’s ability to help government agencies capture and store the billions of calls, emails, messages and social media posts that their populations generate each day, then analyze it in real time to detect potential threats.
  • Perez said he hoped the LAPD, too, would eventually be able to “use technology to incorporate all the systems that we have. That’s the wave of the future. We’re definitely looking at the ability to get that information out to the officers on the beat with a handheld. Something happens, and you’re looking at the handheld — almost like ‘The Bourne Supremacy’ — here’s a picture of the guy you’re looking for.”
  • Also in Khan’s crosshairs is Special Order 1, an LAPD policy that allows officers to document any otherwise lawful activity that they, or other members of the community, deem suspicious. (Including, for example, the photographing of certain government sites.) And new LAPD intel collection methods or surveillance drones, said Khan, would only be “adding more to their toolbox of being highly militarized in counterinsurgency forces” against protesters and movements such as Occupy. “Yet it is wrapped in this whole language of community policing.” Two separate L.A. Weekly investigations in 2012 found that the LAPD uses expensive StingRay devices, which can locate cellphones (and their users) by acting like cellphone towers, and license-plate recognition cameras that track millions of drivers. Although both devices technically require a warrant to be used in a police investigation, there is little way to know whether police are always complying with the rules.
  • Surveillance drones manufactured by Israel Aerospace Industries (IAI) and Sky Sapience were also hot items on the LAPD tour. Both Frank and Perez lit up when talking about the HoverMast, a new tethered drone from Sky Sapience that was just released to the IDF late last year. “There are several things on the wish list, but we did like Sky Sapience — that was incredible,” Perez said. “For me personally, just for my command, which is five stations, and all the special events that I have, crowd control and being able to see everything would be some technology that is needed immediately.” However, Frank added, the HoverMast “has its challenges: from a political standpoint, convincing our political leaders, and from a community standpoint, convincing the community that it’s not Big Brother watching over you.”
  • A spokeswoman for Sky Sapience said the HoverMast can intercept wireless communications, and its cameras are capable of facial recognition. A spokeswoman for IAI said that while showing LAPD officers their drones, the company “wanted to emphasize the fact that drones can be very helpful in giving intelligence in urban scenarios… you need it now, you need it quick, you need to see what’s inside a window, and what’s behind this building.”
  • Many of the companies attracting LAPD interest have one thing in common: They were formed by veterans of the IDF’s elite, top-secret 8200 Unit, better known as Israel’s version of the NSA.
  • Perez emphasized that as a local police agency, the LAPD has much tighter legal constraints than federal agencies to adhere to when adopting army-born surveillance and “big data” technologies.
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In rare loss, FISA court rejects Justice Dept request to retain data - RT USA - 0 views

  • The federal surveillance court that has approved all but a fraction of the NSA's intelligence requests nonetheless rejected a petition by the government to retain phone records for longer than five years, as is currently allowed.
  • The US Foreign Intelligence Surveillance Court (also known as the FISA Court) was established in 1978 as a gatekeeper that would approve or deny surveillance warrants against suspect foreign enemies living inside the United States. Since that date, the court has denied 11 of the nearly 34,000 surveillance requests by the government. While judges on the court have said that they force the government to make changes to approximately one-quarter of those requests, the .03 percent decline rate has been startling to civil liberties advocates. Judge Reggie Walton acted as a rare bump in that road this week when he denied the US Department of Justice’s request to keep the telephone metadata collected by the NSA past the five-year deadline. The Obama administration had asked the FISA Court to bend the rules so that the Justice Department could adequately defend itself from a series of lawsuits filed by various groups, the American Civil Liberties Union (ACLU) and Electronic Frontier Foundation (EFF) chief among them. US attorneys argued in a court filing last month that when “preservation of information is required, the duty to preserve supersedes statutory or regulatory requirements or records-management policies that would otherwise result in the destruction of the information.”
  • Authorities proposed that the information be retained, although they sought to make it illegal for any NSA analyst to examine the data as they would information that is not five years old. That is not enough of an excuse, Walton ruled, saying that he found that rationale to be “simply unresponsive” and that the groups that have filed suit are hoping for “the destruction of the [telephone] metadata, not its retention.” The judge concluded that any reason to keep the telephone records is outweighed by the damage that such a decision would do to privacy. Justice Department attorneys may have expected such a decision from Walton who, even as chief judge of the FISA Court, has admitted skepticism with the program since the government’s methods were first revealed. Judge Walton told The Washington Post in August that the court, which is supposed to act as the final barometer, is unable to verify the very information provided by law enforcement. “The FISC is forced to rely upon the accuracy of the information that is provided to the court,” he wrote. “The FISC does not have the capacity to investigate issues of noncompliance, and in that respect the FISC is in the same position as any other court when it comes to enforcing [government] compliance with its orders.”
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Germany nixes surveillance pact with US, Britain - Yahoo! News - 0 views

  • Germany canceled a Cold War-era surveillance pact with the United States and Britain on Friday in response to revelations by National Security Agency leaker Edward Snowden about those countries' alleged electronic eavesdropping operations.Chancellor Angela Merkel had raised the issue of alleged National Security Agency spying with President Barack Obama when he visited Berlin in June. But with weeks to go before national elections, opposition parties had demanded clarity about the extent to which her government knew of the intelligence gathering operations directed at Germany and German citizens.Government officials have insisted that U.S. and British intelligence were never given permission to break Germany's strict privacy laws. But they conceded that an agreement dating back to the late 1960s gave the U.S., Britain and France the right to request German authorities to conduct surveillance operations within Germany to protect their troops stationed there."The cancellation of the administrative agreements, which we have pushed for in recent weeks, is a necessary and proper consequence of the recent debate about protecting personal privacy," Germany's Foreign Minister Guido Westerwelle said in a statement.
  • A German official, speaking on condition of anonymity, said the cancellation would have no practical consequences.He said the move was largely symbolic since the agreement had not been invoked since the end of the Cold War and would have no impact on current intelligence cooperation between Germany and its NATO allies. The official, who spoke on condition of anonymity because he wasn't authorized to publicly discuss the issue, said Germany was currently in talks with France to cancel its part of the agreement as well.
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Door May Open for Challenge to Secret Wiretaps - NYTimes.com - 0 views

  • Five years after Congress authorized a sweeping warrantless surveillance program, the Justice Department is setting up a potential Supreme Court test of whether it is constitutional by notifying a criminal defendant — for the first time — that evidence against him derived from the eavesdropping, according to officials.
  • Prosecutors plan to inform the defendant about the monitoring in the next two weeks, a law enforcement official said. The move comes after an internal Justice Department debate in which Solicitor General Donald B. Verrilli Jr. argued that there was no legal basis for a previous practice of not disclosing links to such surveillance, several Obama administration officials familiar with the deliberations said. Meanwhile, the department’s National Security Division is combing active and closed case files to identify other defendants who faced evidence resulting from the 2008 wiretapping law. It permits eavesdropping without warrants on Americans’ cross-border phone calls and e-mails so long as the surveillance is “targeted” at foreigners abroad.
  • In February, the Supreme Court dismissed a case challenging its constitutionality because the plaintiffs, led by Amnesty International, could not prove they had been wiretapped. Mr. Verrilli had told the justices that someone else would have legal standing to trigger review of the program because prosecutors would notify people facing evidence derived from surveillance under the 2008 law. But it turned out that Mr. Verrilli’s assurances clashed with the practices of national security prosecutors, who had not been alerting such defendants that evidence in their cases had stemmed from wiretapping their conversations without a warrant.
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NSA loophole allows warrantless search for US citizens' emails and phone calls | World ... - 0 views

  • The National Security Agency has a secret backdoor into its vast databases under a legal authority enabling it to search for US citizens' email and phone calls without a warrant, according to a top-secret document passed to the Guardian by Edward Snowden.The previously undisclosed rule change allows NSA operatives to hunt for individual Americans' communications using their name or other identifying information. Senator Ron Wyden told the Guardian that the law provides the NSA with a loophole potentially allowing "warrantless searches for the phone calls or emails of law-abiding Americans".The authority, approved in 2011, appears to contrast with repeated assurances from Barack Obama and senior intelligence officials to both Congress and the American public that the privacy of US citizens is protected from the NSA's dragnet surveillance programs.
  • The intelligence data is being gathered under Section 702 of the of the Fisa Amendments Act (FAA), which gives the NSA authority to target without warrant the communications of foreign targets, who must be non-US citizens and outside the US at the point of collection.The communications of Americans in direct contact with foreign targets can also be collected without a warrant, and the intelligence agencies acknowledge that purely domestic communications can also be inadvertently swept into its databases. That process is known as "incidental collection" in surveillance parlance.But this is the first evidence that the NSA has permission to search those databases for specific US individuals' communications.
  • A secret glossary document provided to operatives in the NSA's Special Source Operations division – which runs the Prism program and large-scale cable intercepts through corporate partnerships with technology companies – details an update to the "minimization" procedures that govern how the agency must handle the communications of US persons. That group is defined as both American citizens and foreigners located in the US."While the FAA 702 minimization procedures approved on 3 October 2011 now allow for use of certain United States person names and identifiers as query terms when reviewing collected FAA 702 data," the glossary states, "analysts may NOT/NOT [not repeat not] implement any USP [US persons] queries until an effective oversight process has been developed by NSA and agreed to by DOJ/ODNI [Office of the Director of National Intelligence]."The term "identifiers" is NSA jargon for information relating to an individual, such as telephone number, email address, IP address and username as well as their name.The document – which is undated, though metadata suggests this version was last updated in June 2012 – does not say whether the oversight process it mentions has been established or whether any searches against US person names have taken place.
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  • Wyden, an Oregon Democrat on the Senate intelligence committee, has obliquely warned for months that the NSA's retention of Americans' communications incidentally collected and its ability to search through it has been far more extensive than intelligence officials have stated publicly. Speaking this week, Wyden told the Guardian it amounts to a "backdoor search" through Americans' communications data."Section 702 was intended to give the government new authorities to collect the communications of individuals believed to be foreigners outside the US, but the intelligence community has been unable to tell Congress how many Americans have had their communications swept up in that collection," he said."Once Americans' communications are collected, a gap in the law that I call the 'back-door searches loophole' allows the government to potentially go through these communications and conduct warrantless searches for the phone calls or emails of law-abiding Americans."
  • Exclusive: Spy agency has secret backdoor permission to search databases for individual Americans' communications
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NSA Spying Relies on AT&T's 'Extreme Willingness to Help' - ProPublica - 0 views

  • he National Security Agency’s ability to spy on vast quantities of Internet traffic passing through the United States has relied on its extraordinary, decades-long partnership with a single company: the telecom giant AT&T. While it has been long known that American telecommunications companies worked closely with the spy agency, newly disclosed NSA documents show that the relationship with AT&T has been considered unique and especially productive. One document described it as “highly collaborative,” while another lauded the company’s “extreme willingness to help.”
  • AT&T’s cooperation has involved a broad range of classified activities, according to the documents, which date from 2003 to 2013. AT&T has given the NSA access, through several methods covered under different legal rules, to billions of emails as they have flowed across its domestic networks. It provided technical assistance in carrying out a secret court order permitting the wiretapping of all Internet communications at the United Nations headquarters, a customer of AT&T. The NSA’s top-secret budget in 2013 for the AT&T partnership was more than twice that of the next-largest such program, according to the documents. The company installed surveillance equipment in at least 17 of its Internet hubs on American soil, far more than its similarly sized competitor, Verizon. And its engineers were the first to try out new surveillance technologies invented by the eavesdropping agency. One document reminds NSA officials to be polite when visiting AT&T facilities, noting: “This is a partnership, not a contractual relationship.” The documents, provided by the former agency contractor Edward Snowden, were jointly reviewed by The New York Times and ProPublica.
  • It is not clear if the programs still operate in the same way today. Since the Snowden revelations set off a global debate over surveillance two years ago, some Silicon Valley technology companies have expressed anger at what they characterize as NSA intrusions and have rolled out new encryption to thwart them. The telecommunications companies have been quieter, though Verizon unsuccessfully challenged a court order for bulk phone records in 2014. At the same time, the government has been fighting in court to keep the identities of its telecom partners hidden. In a recent case, a group of AT&T customers claimed that the NSA’s tapping of the Internet violated the Fourth Amendment protection against unreasonable searches. This year, a federal judge dismissed key portions of the lawsuit after the Obama administration argued that public discussion of its telecom surveillance efforts would reveal state secrets, damaging national security.
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The NSA's New Partner in Spying: Saudi Arabia's Brutal State Police - The Intercept - 1 views

  • The National Security Agency last year significantly expanded its cooperative relationship with the Saudi Ministry of Interior, one of the world’s most repressive and abusive government agencies. An April 2013 top secret memo provided by NSA whistleblower Edward Snowden details the agency’s plans “to provide direct analytic and technical support” to the Saudis on “internal security” matters. The Saudi Ministry of Interior—referred to in the document as MOI— has been condemned for years as one of the most brutal human rights violators in the world. In 2013, the U.S. State Department reported that “Ministry of Interior officials sometimes subjected prisoners and detainees to torture and other physical abuse,” specifically mentioning a 2011 episode in which MOI agents allegedly “poured an antiseptic cleaning liquid down [the] throat” of one human rights activist. The report also notes the MOI’s use of invasive surveillance targeted at political and religious dissidents.
  • But as the State Department publicly catalogued those very abuses, the NSA worked to provide increased surveillance assistance to the ministry that perpetrated them.
  • “With the approval of the Third Party SIGINT relationship,” the memo reports, the NSA “intends to provide direct analytic and technical support to TAD.” The goal is “to facilitate the Saudi government’s ability to utilize SIGINT to locate and track individuals of mutual interest within Saudi Arabia.”
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  • The National Security Agency last year significantly expanded its cooperative relationship with the Saudi Ministry of Interior, one of the world’s most repressive and abusive government agencies. An April 2013 top secret memo provided by NSA whistleblower Edward Snowden details the agency’s plans “to provide direct analytic and technical support” to the Saudis on “internal security” matters. The Saudi Ministry of Interior—referred to in the document as MOI— has been condemned for years as one of the most brutal human rights violators in the world. In 2013, the U.S. State Department reported that “Ministry of Interior officials sometimes subjected prisoners and detainees to torture and other physical abuse,” specifically mentioning a 2011 episode in which MOI agents allegedly “poured an antiseptic cleaning liquid down [the] throat” of one human rights activist. The report also notes the MOI’s use of invasive surveillance targeted at political and religious dissidents. But as the State Department publicly catalogued those very abuses, the NSA worked to provide increased surveillance assistance to the ministry that perpetrated them. The move is part of the Obama Administration’s increasingly close ties with the Saudi regime; beyond the new cooperation with the MOI, the memo describes “a period of rejuvenation” for the NSA’s relationship with the Saudi Ministry of Defense. In general, U.S. support for the Saudi regime is long-standing. One secret 2007 NSA memo lists Saudi Arabia as one of four countries where the U.S. “has [an] interest in regime continuity.”
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Feds operated yet another secret metadata database until 2013 | Ars Technica - 0 views

  • In a new court filing, the Department of Justice revealed that it kept a secret database of telephone metadata—with one party in the United States and another abroad—that ended in 2013. The three-page partially-redacted affidavit from a top Drug Enforcement Agency (DEA) official, which was filed Thursday, explained that the database was authorized under a particular federal drug trafficking statute. The law allows the government to use "administrative subpoenas" to obtain business records and other "tangible things." The affidavit does not specify which countries records were included, but specifically does mention Iran. This database program appears to be wholly separate from the National Security Agency’s metadata program revealed by Edward Snowden, but it targets similar materials and is collected by a different agency. The Wall Street Journal, citing anonymous sources, reported Friday that this newly-revealed program began in the 1990s and was shut down in August 2013.
  • The criminal case involves an Iranian-American man named Shantia Hassanshahi, who is accused of violating the American trade embargo against Iran. His lawyer, Mir Saied Kashani, told Ars that the government has clearly abused its authority. "They’ve converted this from a war on drugs to a war on privacy," he said. "[Hassanshahi] is not accused of any drug crime but they used this drug enforcement information to gather information against him, that's contrary to the law, and we will revisit that. We will bring motions in the court and we will appeal if necessary." Neither the DEA nor the Department of Justice immediately responded to Ars' query as to whether this program is continuing under a different authority.
  • The story begins in 2011, when a Department of Homeland Security (DHS) agent received a tip about someone who might be in violation of American sanctions against Iran. The source provided an e-mail from an Iranian businessman, Manoucher Sheiki, who was involved in acquiring power grid equipment. A second Homeland Security agent, Joshua Akronowitz, wrote in a 2013 affidavit that he searched Sheiki’s Iranian phone number in this database, but declined to explain exactly what kind of database it was. Akronowitz found that the Iranian number came up exactly one time in the database, and was linked to an 818 number, based in Los Angeles County. That number turned out to be the Google Voice number of Hassanshahi. DHS then subpoenaed Google, and got Hassanshahi’s call log and later, metadata on his Gmail account. By early 2012, the agency found out that he was set to return to Los Angeles from Iran. At LAX Airport, customs agents seized his phone, laptop, thumb drives, camcorder, and SIM cards and sent them to Homeland Security. Last year, Kashani, Hassanshahi’s lawyer, argued that this evidence should be suppressed on account that it was the "fruit of the poisonous tree"—obtained via illicit means. In support of his arguments, Kashani cited an important ongoing NSA-related lawsuit, Klayman v. Obama, which remains the only instance where a judge has order the NSA metadata program to be shut down—that order was stayed pending an appeal. (Earlier this month, Ars explored Klayman and other pending notable surveillance cases.)
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  • In a December 2014 opinion in the Hassanshahi case, US District Judge Rudolph Contreras allowed the evidence, but also required that the government provide a "declaration summarizing the contours of the law enforcement database used by Homeland Security Investigations to discover Hassanshahi’s phone number, including any limitations on how and when the database may be used." To comply with the judge’s order, Robert Patterson, the assistant special agent in charge of the DEA, wrote in the Thursday filing: As noted, this database was a federal law enforcement database. It could be used to query a telephone number where federal law enforcement officials had a reasonable articulable suspicion that the telephone number at issue was related to an ongoing federal criminal investigation. The Iranian number was determined to meet this standard based on specific information indicating that the Iranian number was being used for the purpose of importing technological goods to Iran in violation of United States law. Previously, the government had not revealed exactly how it began its investigation of Hassanshahi, and only referred cryptically to "[DHS]-accessible law enforcement databases," in Akronowitz’ 2013 and  2014 affidavits.
  • Similarly, other privacy-minded legal experts questioned the government’s tactics in this new revelation. "We just don’t know about the scope of these things, and that’s what’s disturbing," Andrew Crocker, a legal fellow at the Electronic Frontier Foundation, told Ars. His colleague, Hanni Fakhoury, an EFF attorney who used to be a federal public defender, added that he was "not surprised." "Bulk surveillance technologies and the dangerous legal theories that are used to support them trickle down, and here's a prime example of that," he wrote by e-mail. "The DEA's mandate is of course important but not at the level of national security where as you know there are serious legal questions about the propriety of this collection of phone metadata. And if the DEA has a program like this, it wouldn't surprise me if other agencies do too for other sorts of records the government has claimed it can collect with a subpoena (like bank records)."
  • Patrick Toomey, an attorney with the American Civil Liberties Union, chimed in to say that this indeed was a clear example of government overreach. "This disclosure underscores how the government has expanded its use of bulk collection far beyond the NSA and the national-security context, to rely on mass surveillance in ordinary criminal investigations," he said by e-mail. "It’s now clear that multiple government agencies have tracked the calls that Americans make to their parents and relatives, friends, and business associates overseas, all without any suspicion of wrongdoing," Toomey continued. "The DEA program shows yet again how strained and untenable legal theories have been used to secretly justify the surveillance of millions of innocent Americans using laws that were never written for that purpose."
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    The authorizing statute clearly limits the scope of the administrative subpoena authority to drug related criminal investigations. "In any investigation relating to his functions under this subchapter with respect to controlled substances, listed chemicals, tableting machines, or encapsulating machines, the Attorney General may subpena witnesses, compel the attendance and testimony of witnesses, and require the production of any records (including books, papers, documents, and other tangible things which constitute or contain evidence) which the Attorney General finds relevant or material to the investigation."
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Forget Metadata ... The NSA Is Spying On EVERYTHING Washington's Blog - 0 views

  • The NSA’s spying on everyone’s metadata can tell them just about everything about us … and it violates our Constitutional right to freedom of association. But people are getting distracted from the big picture by focusing on metadata. As security expert Bruce Schneier wrote yesterday: What frustrates me about all of this — [the Privacy and Civil Liberties Oversight Board] report, the president’s speech, and so many other things — is that they focus on the bulk collection of cell phone call records. There’s so much more bulk collection going on — phone calls, e-mails, address books, buddy lists, text messages, cell phone location data, financial documents, calendars, [smartphone apps] etc. — and we really need legislation and court opinions on it all. But because cell phone call records were the first disclosure, they’re what gets the attention. Indeed, Schneier confirmed last October what we’ve been saying for years … don’t get too distracted by the details, because the government is spying on everything:
  • Honestly, I think the details matter less and less. We have to assume that the NSA has EVERYONE who uses electronic communications under CONSTANT surveillance. New details about hows and whys will continue to emerge …but the big picture will remain the same. He’s right. As just one example, there is substantial evidence from top NSA and FBI whistleblowers that the government is recording the content of our calls and emails … word-for-word. So what should we make of the government’s denials that it records content? Given that the government has been caught lying about spying again and again, I’m not sure how much weight we should give to such denials. NSA whistleblower Russ Tice notes: They’re collecting content … word-for-word. *** You can’t trust these people. They lie, and they lie a lot.
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    Personally, I don't think the focus is on metadata because it was the first target exposed. I see it more as a propaganda weapon to divert attention from the other NSA targets.  In any event, this page offers a very comprehensive list of the types of data the NSA is collecting, with links to further information on each type.
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Code words used in intercepted al Qaeda messages, US source says - 0 views

  • The intercepted al Qaeda communications that sparked the closure of U.S. embassies in the Middle East and North Africa contained specific words that American intelligence interpreted as a coded message for what they believed signaled a potentially imminent attack, CNN has learned.
  • A U.S. official declined to discuss specific code words on the intercepts but told CNN "there was a sense of imminence, a sense of the overall area at risk and the known actors. There was great concern." Members of Congress have indicated that National Security Agency surveillance programs played a role in intercepting and monitoring recent al Qaeda communications. The programs were defended by Secretary of State John Kerry on Tuesday. "A number of groups in the world have individually targeted not just American interests but free interests in the world," Kerry said during press conference in Brasilia, Brazil. "There have been bombings in many places in the world. Innocent people have lost their lives. And what the United States has been trying to do is prevent these things from happening beforehand by knowing what others might be plotting."
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    Kerry's quote is significant because it links the State Dept. embassy closures in Arab nations to Obama Administration advocacy for NSA surveillance programs. 
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EU Parliament says other countries spy, but not as much as the UK or US | ITworld - 0 views

  • The European Parliament's research department has found that four out of five member states surveyed carry out wide-scale telecommunications surveillance. In a report released on Friday the department revealed that the U.K., France, Germany and Sweden all engaged in bulk collection of data. The Netherlands, which was also examined, has not done so, so far, but is engaged in setting up an agency for that purpose.
  • "It appears unlikely that the programmes of EU member states such as Sweden, France and Germany come close to the sheer magnitude of the operations launched by GCHQ and the NSA," says the report. Reports allege that GCHQ has placed data interceptors on approximately 200 U.K. fiber-optic cables that transmit Internet data and that by 2012 the agency was able to process data from at least 46 fiber-optic cables at any one time. This gives the agency the possibility to intercept more than 21 petabytes of data a day. This is estimated to have contributed to a 7,000 percent increase in the amount of personal data available to GCHQ from Internet and mobile traffic in the past five years. In order to deal with this vast amount of data, GCHQ uses a system of so-called "Massive Volume Reduction," removing 30 percent of less intelligence-relevant data such as peer-to-peer downloads. The remaining data is combed using some of up to 40,000 "selectors" such as keywords, email addresses or phone numbers of targeted individuals by about 300 GCHQ and 250 NSA staff working together.
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    Regarding the "everyone does it" excuse for bulk surveillance being used by the Obama Administration (which every parent learns to ignore when a teenage child wants something the parent ain't gonna' let happen), note the following statement from the E.U. report: "'It appears unlikely that the programmes of EU member states such as Sweden, France and Germany come close to the sheer magnitude of the operations launched by GCHQ and the NSA,' says the report." So the "everyone does it" excuse, in addition to ducking the question of whether *anyone* should be doing it let alone the U.S. with its constitutional limitations, also ignores qualitative differences in what "everyone does." 
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NSA chief Gen. Keith Alexander to retire in March, agency tells UPI - UPI.com - 0 views

  • (UPI) -- U.S. National Security Agency chief Gen. Keith Alexander, who has steadfastly defended NSA mass surveillance, plans to retire in five months, the agency said.Alexander, who will be 62 then, is expected to leave the main producer and manager of U.S. signals intelligence in March, NSA spokeswoman Vanee Vines said Wednesday in a statement to United Press International.Alexander, appointed to the NSA spot in 2005 by George W. Bush administration Defense Secretary Donald Rumsfeld, "served well beyond a normal rotation, having been 'extended' three times," Vines told UPI.
  • The four-star general is a career Army intelligence officer who is also chief of the Defense Department's Central Security Service and commander of the military's Cyber Command.After the disclosures by former NSA contractor Edward Snowden of mass NSA surveillance of U.S. citizens and foreign nationals, Alexander became the public face of Washington's secret collection of personal communications records in the name of national security.He has consistently defended the controversial practice, saying it has helped prevent dozens of "potential terrorist events" since the Sept. 11, 2001, attacks.Alexander's departure "has nothing to do with media leaks," Vines' statement to UPI said.
  • "The decision for his retirement was made prior" to the leaks, in an agreement made with Defense Secretary Chuck Hagel in March, she said.Snowden started leaking information to the press in May, with the first reports published in June."The process for selecting his successor is ongoing," Vines told UPI.
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  • Alexander's departure and potential successor are widely expected to prompt congressional debate over whether the huge NSA infrastructure built during Alexander's tenure will remain or be restricted.Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., has drafted legislation to eliminate the NSA's ability to systematically obtain Americans' calling records.Rep. Jim Sensenbrenner, R-Wis., co-author of the Patriot Act, whose secret interpretation is used to justify the mass metadata collection, is drafting a bill to cut back on domestic surveillance programs.
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    So the Obama Administration is looking for a new professional liar to head the NSA. 
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Obama administration under pressure as US senators demand end to secrecy | World news |... - 0 views

  • The fallout from the affair continued to have international ramifications. German government spokesman Steffen Seibert told reporters on Monday that the chancellor, Angela Merkel, would question Obama about the NSA program when he visits Berlin on 18 June. The issue could tarnish a visit that both sides had hoped would reaffirm strong German-American ties.In a heated debate in the European parliament on Tuesday, lawmakers complained that for a decade they had yielded to US demands for access to European financial and travel data and said it was time to re-examine the deals and to limit data access.
  • "We need to step back here and say clearly: mass surveillance is not what we want," said Jan Philipp Albrecht, a German Green lawmaker in charge of overhauling the EU's outdated data protection laws.Lawmakers said the EU privacy overhaul and existing transatlantic data-sharing deals – the Swift agreement on sharing financial transaction data and an agreement on airline passenger name records – were in jeopardy. "It is time we grasped the nettle here and put our minds to ending the program," said Martin Ehrenhauser, an Austrian independent member of the European parliament.
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