NSA Chose Invasive Phone Analysis Option

Encrypted Anonymous Coward writes "The Baltimore Sun reveals the existence of an interesting experimental NSA program codenamed ThinThread from the late 90`s. The program involved link analysis of traffic data, with a twist; The phone numbers from the U.S. would only be analyzed in an encrypted form. This way the analysis would potentially be possible under existing privacy laws, according to the people behind the program. The NSA could gather further unencrypted details if there was evidence of a threat. Political infighting seems to have dropped an interesting and respectful program from the books."

Comments

Privacy Issues

[alx5000]

Well, if that is legal, I recommend you to change your laws...

Anonimity isn't really privacy. When I say "I love you" or "I'm going to kill you" I want to know it's ME saying THAT to THAT PERSON who is meant to receive it, and to no one else. I don't wanna be an anonymous coward sending my thoughts over to the NSA and get busted because they can look up my IP if I've been a bad boy...

Re:Privacy Issues

[mausmalone]

But the "right to privacy" in the sense of a right not to have unwarranted searches and seizures definitely extends into the realm of wiretapping and phone records. The government wants these records specifically to see if you're doing anything illegal, not for a benign purpose. In that respect it should fall under the fourth ammendment.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Obviously at the time of writing, phone lines didn't exist, but it's reasonable to see that as an "effect" belonging to an individual.

Re:Privacy Issues

[MojoRilla]

For better or worse, there really isn't a real "Right to Privacy" in the Constitution. The fifth amendment means you can't be forced to incriminate yourself, and we have laws about the collection of evidence.

Uh...what about the fourth amendment?

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

I would consider monitoring my phone calls to be an unreasonable search, without probable cause.

Re:Privacy Issues

[Total_Wimp]

I think you're misunderstanding. The proposed program would look at phone call records only, not actual phone calls.

So what? Sorry, I don't mean to be flipant, but gathering my confidential call data and looking for criminal activity in my mind is as much a search as a pat down. The fact that they're not actually listening to me talk sexy with my girlfriend is nice, but it doesn't correct the problem that a the state would be analysing the time and phone number of every call I participate in then they'd be making a determination of whether or not I was probably a criminal. When the government conducts routine searches of our routine daily activities then that, in my mind, is both unreasonable, and, as a result, unconstitutional.

TW

Re:Privacy Issues

[EvolveFuzzy]

The, "there is no right to privacy in the constitution," argument requires a strict interpretation of the constitution and it's amendments, and that you completely ignore the 9th amendment which specifically addresses the concept of unenumerated rights. I'm so tired of this myth.

Re:Privacy Issues

[TheCarp]

I don't care.

The problem here is and always has been the potential for abuse.

The FISA court exists for a reason you know. Why? Not because of some theoretical use of wiretaps to infringe on privacy.... because they were activly tapping the phone calls of people like Dr Martin Luther King in every hotel that he visited trying to dig up dirt on him.

This isn't conspiracy theory, its conspiracy fact. It is a matter of congressional record that wiretaps were indeed used to follow innocent people for political reasons.

Besides, sure, today its just intelligence on terrorists. However, once the system to do it is there, the ability to abuse it is there. All it takes is one unscrupulous operator, or a little pressure from a director, or dare I say, a secret presidential memo, to cause the system to be abused to any number of ends.

This is why we need oversight, and we need to hold these people responsible for what they do. If they can wiretap with impunity, then why not wiretap with impunity? If there is no punishment, then there is a lower bar to doing it.

Frankly, I think these programs should be outed, and every signle person involved, all the way up, should be indicted.

That goes for this program (if it was indeed illegal, if not they should fix the law), and the presidents wiretapping program thats been in the news. Intictments and impeachments are what should be going on right now.

-Steve

Hmm

[The Living Fractal]

NSA: "Stand very still, we're going to beat you with this baseball bat."
U.S. Citizen: "Don't I have rights? You can't just beat me with that bat!"
NSA: "Don't worry, we've encrypted it."

Trust not

[Red Flayer]

"* Analyzed the data to identify relationships between callers and chronicle their contacts. Only when evidence of a potential threat had been developed would analysts be able to request decryption of the records.

Says who? The NSA?

Who defines what a potential threat is? A judge of the court, or some bureaucrats in the NSA?

Why would we trust an agaency known to play games with the law to have access to this data? A layer of separation (the encryption) doesn't change the fact that the data is still there for misuse. Just because it's harder to tie to an individual doesn't mean it can be misused.

All the encryption does is make it harder for a rogue/spy to get access to actual phone numbers. Systemic abuse or misuse of the data is not prevented at all. And frankly, systemic abuse/misuse frightens me much more than one person being able to misuse the data.

We as Americans need to ask hard questions.

[GundamFan]

We are at a crossroads, and we need to take a step back from the emotion of September eleventh (nearly 5 years later) and really look at what we want to see in the future.

I won't stand on a soapbox here and force my opinion on others but I think it is time for a very serious debate over what is acceptable to give up in the name of security, what secrets we will let our government keep from us and what checks and balances need to be in place.

I think we are in trouble of letting "terrorism" be the ultimate excuse for any unpopular move by the government and it sadens me to see that the events of 2001 have changed us so much.

P.S.
The latest Justifications I have heard for the NSA wire taping are indicative of the problem... saying "we havent had a terrorist atack because of this program" is like saying "the wolly mammoth repelant is working" unless you can show proof that attacks have been thwarted .