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posted by Fnord666 on Monday May 01 2017, @05:39AM   Printer-friendly
from the as-far-as-you-can-throw-them dept.

https://www.nytimes.com/2017/04/28/us/politics/nsa-surveillance-terrorism-privacy.html

The National Security Agency said Friday that it had halted one of the most disputed practices of its warrantless surveillance program, ending a once-secret form of wiretapping that dates to the Bush administration's post-Sept. 11 expansion of national security powers.

The agency is no longer collecting Americans' emails and texts exchanged with people overseas that simply mention identifying terms — like email addresses — for foreigners whom the agency is spying on, but are neither to nor from those targets.

The decision is a major development in American surveillance policy. Privacy advocates have argued that the practice skirted or overstepped the Fourth Amendment.

The change is unrelated to the surveillance imbroglio over the investigations into Russia and the Trump campaign, according to officials familiar with the matter. Rather, it stemmed from a discovery that N.S.A. analysts had violated rules imposed by the Foreign Intelligence Surveillance Court barring any searching for Americans' information in certain messages captured through such wiretapping.

Though I'm personally wondering why now.


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  • (Score: 3, Interesting) by AthanasiusKircher on Monday May 01 2017, @01:25PM (1 child)

    by AthanasiusKircher (5291) on Monday May 01 2017, @01:25PM (#502252) Journal

    Like others here, I initially wondered, "Why?" Is the NSA really doing the right thing here? Was the FISA court really reining in the NSA?

    Assuming the NYT article is accurately reporting what happened, there is perhaps a potential explanation buried deep in the article. I first was alerted to something fishy in the antepenultimate paragraph:

    Although one official initially suggested that the more recent problem was that analysts had improperly searched that special database, a senior intelligence official clarified that the problem instead stemmed from querying for Americans’ information in upstream data generally.

    So, it wasn't just looking for terrorists through collection of Americans' emails: it was "querying for Americans' information." That rang a bell for me with a passage earlier in TFA:

    under rules imposed by the intelligence court, analysts were not supposed to search for Americans’ information within that data set [i.e., the "upstream" database].

    Analysts are still, however, permitted to search for an American’s information within another repository of emails gathered through the warrantless surveillance program’s so-called Prism or “downstream” system, which gathers emails of foreign targets from providers like Gmail and Yahoo Mail. That system does not collect “about” communications.

    The change announced Friday eliminated the factor that made upstream collection more sensitive than Prism collection, and the agency said it was purging its repository of messages it had previously gathered under the old rules. The official said the intelligence court’s presiding judge, Judge Rosemary M. Collyer, has now authorized the agency to use Americans’ identifiers to query the newly captured upstream internet messages, too, for future intelligence investigations.

    AHA! See, there's the upshot for the NSA.

    Perhaps others can parse this differently, but the way I read this article is the following:

    (1) This isn't about terrorists, it's about spying on Americans.
    (2) The FISA court determined the terrorist "dragnet" was too large in the "upstream" collection, and ruled several years ago that the NSA couldn't directly query for Americans' info without a warrant.
    (3) The NSA says "oops" to the FISA court: "We did keep searching for Americans' info."
    (4) The FISA court says, "You need to fix that."
    (5) Much handwringing at the NSA. Then, oh -- if we still want to put surveillance on Americans, maybe FISA will let us if we narrow the dragnet!
    (6) NSA says, "We'll stop the 'about' collection from upstream!"
    (7) FISA says, "Okay, now you're free to search the database for warrantless surveillance of Americans again!"

    So, the cynical way to interpret this decision is that the NSA would rather have a more limited database to query for spying on Americans (i.e., limited to emails exchanged with foreign "targets"), rather than having more data allowing it to spy on actual foreign terrorists.

    The even more cynical way to look at this is that the NSA will likely expand its definition of "foreign targets" quite substantially in the coming years, thereby enlarging the database of collected info again, though now with the freedom to search for Americans' information without a warrant.

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  • (Score: 3, Interesting) by Yog-Yogguth on Monday May 01 2017, @04:30PM

    by Yog-Yogguth (1862) Subscriber Badge on Monday May 01 2017, @04:30PM (#502333) Journal

    "What does William Binney say?" or WDWBS? :)

    The US government liars and thus the NYT liars and the rest all tried this back in 2015 (see second blockquote below). No one of merit bought it then so they have to try again, and again no one with a barely functioning brain will buy it if they pay any attention at all.

    Here's the recent Washington's Blog entry [washingtonsblog.com] from April 30ieth 2017 (yesterday, relative date), I've added the bold emphasis and removed link clutter:

    The NSA announced Friday that they would stop the controversial program which sweeps up all emails and text messages which an American exchanges with someone overseas that makes reference to a real target of NSA surveillance.

    By way of background, if Russia’s Putin was an NSA target, and an American received an email from a Russian saying “I hate Putin”, then that American could be surveilled by the NSA.

    Washington’s Blog asked Bill Binney what he thought of the NSA’s announcement.

    Binney is the NSA executive who created the agency’s mass surveillance program for digital information, who served as the senior technical director within the agency, who managed six thousand NSA employees, the 36-year NSA veteran widely regarded as a “legend” within the agency and the NSA’s best-ever analyst and code-breaker, who mapped out the Soviet command-and-control structure before anyone else knew how, and so predicted Soviet invasions before they happened (“in the 1970s, he decrypted the Soviet Union’s command system, which provided the US and its allies with real-time surveillance of all Soviet troop movements and Russian atomic weapons”). Binney is the real McCoy. Binney has been interviewed by virtually all of the mainstream media, including CBS, ABC, CNN, New York Times, USA Today, Fox News, PBS and many others.

    Specifically, we asked Binney:

    Do you buy it?

    Or do you think they’re just collecting under a different authorization/program?

    Binney responded:

    Short answer, NO.

    This is a farce given the bulk continuous domestic data collection and storage from the Upstream programs: Fairview, Stormbrew and Blarney.

    This FAA 702 [Section 702 of the Foreign Intelligence Surveillance Act] has been a charade from the beginning. [Specifically, the NSA is spying on all Americans under Executive Order 12333, and only talking about Section 702 to confuse people as to what they’re doing.]

    It was a way to make people/congress/judiciary think that they were trying to conform to the law.

    And, by spreading false information, which our useless MSM fail to challenge, it’s a way of subverting our republic – all done in secret with only a few people in the know of what really is going on.

    Meanwhile in the background, NSA through program “Muscular” was unilaterally tapping the fiber lines between Google and Yahoo and others data centers; so that when they backed up their data between centers, NSA got it all and the companies did not even know that was happening.

    Absolutely nothing has changed.

    Visit the link to the post to get additional and clickable links.

    I would add that while nothing has changed for the better that fact alone means that it automatically has changed for the worse simply due to technological progress (examples like how public civilian research now manages to copy the entirety of a voice in near real-time needing only a sample of one minute of speech and immense improvements in automated intelligence analysis (Snowden's old job) only come in addition to more mundane things like Moore's Law).

    Another nitpick is that Binney says "could" when he ought to say "will". There is no "could" in "automated retrieval of everything" :3

    Compare the above to Washington's Blog [washingtonsblog.com] in 2015:

    The mainstream press says that the NSA has “ended” its bulk phone records collection program.

    Does that mean we can all relax … and forget about mass surveillance?

    We asked the highest-level NSA whistleblower in history – William Binney – the high-level NSA executive who created the agency’s mass surveillance program for digital information, 36-year NSA veteran widely regarded as a “legend” within the agency, who served as the senior technical director within the agency, and managed thousands of NSA employees

    WASHINGTON’S BLOG: The mainstream U.S. news is saying that the NSA’s metadata collection program is over.

    Can we all relax and enjoy a beer now? Or is the NSA still spying on Americans?

    WILLIAM BINNEY: The only thing that ended was the general warrants issued by the FISC [Foreign Intelligence Surveillance Court] for companies to give all their call records to NSA for processing.

    Now, the data is held by the companies so NSA has to make a distributed query much like google does to its data centers.

    Plus that does not take into account all the content and metadata collected from the Upstream programs (Fairview/Stormbrew/Blarney/Oakstar) and the second party collection programs under “Windstop.”

    This includes most of the metadata on US to US communications and the content with it.

    Visit their site for the links and more (including how the content of all your phone calls also goes into the in-box), the above blockquote is just a snippet.

    Whatever any US government or anyone under their control (all western governments, all western media, all "opposition", all ideology, all "quarrels", popular culture and entertainment) says or pretends is manipulation. One has to remember that every time one sees anything at all be it about Syria, Iran, North Korea, Russia, China, the US itself, anything at all in the "news".

    Surveillance is the "IN box", manipulation is the "OUT box".

    --
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