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NSA Overstepped the Law On Wiretaps

Hugh Pickens writes "The NY Times reports that legal and operational problems surrounding the NSA's surveillance activities have come under scrutiny from the Obama administration, Congressional intelligence committees, and a secret national security court, and that the NSA had been engaged in 'overcollection' of domestic communications of Americans. The practice has been described as significant and systemic, although one official said it was believed to have been unintentional. The Justice Department has acknowledged that there had been problems with the NSA surveillance operation, but said they had been resolved. The Office of the Director of National Intelligence, which oversees the intelligence community, did not address specific aspects of the surveillance problems, but said in a statement that 'when inadvertent mistakes are made, we take it very seriously and work immediately to correct them.' The intelligence officials said the problems had grown out of changes enacted by Congress last July to the law that regulates the government's wiretapping powers, as well as the challenges posed by enacting a new framework for collecting intelligence on terrorism and spying suspects. Joe Klein at Time Magazine says the bad news is that 'the NSA apparently has been overstepping the law,' but the good news is that 'one of the safeguards in the [FISA Reform] law is a review procedure that seems to have the ability to catch the NSA when it's overstepping — and that the illegal activities have been exposed, and quickly.'"

6 of 164 comments (clear)

  1. They have been doing this for a long time by stox · · Score: 4, Interesting

    Telephone switches have had specific features to support this type of activity since at least the 1980's. The only difference, now, is that these practices are seeing the light of day.

    --
    "To those who are overly cautious, everything is impossible. "
  2. Obama says "It's bad!" by erroneus · · Score: 2, Interesting

    But you will notice that he didn't say it will stop!

    We have secret laws and secret courts convicting you with secret evidence. Is there anyone here who STILL thinks we are doing the right thing?

  3. Re:This is what AP was talking about by Orne · · Score: 2, Interesting

    Paying for news is like torturing for information -- the only thing you're left with at the end of the day is a pile of suspect agenda-laden chatter.

    I prefer to get my news the old fashioned way, from grass-roots advocates and disaffected whisleblowers.

  4. Re:Good thing the gov't is unaccountable by brainfsck · · Score: 2, Interesting

    You have failed to worship Obama. Your freedoms will be removed shortly after your guns are removed.

    Really? Has that happened a single time? I'd love to know.

  5. No sysadmin would buy that story... by Angst+Badger · · Score: 2, Interesting

    I dunno 'bout you, but when I accidentally turn logging on some high-volume task, I usually find out about it pretty quickly when /var/log fills up.

    Now, while I doubt that the high-volume task the NSA was monitoring -- like, oh, let's say all voice and data communications in the US -- went to /var/log, the fact is that when most folks build out storage for data collection, it tends to be built in proportion to the amount of data to be collected, plus some moderate wiggle room for unexpected overages. Exactly how much wiggle room you allocate depends, of course, on how big you think a plausible overage is, but since cost is a factor, even for -- or so I presume -- organizations with black budgets, you don't build out multiple petabytes to hold a couple of gigs worth of data, for example.

    So if the NSA was really only intending to capture a few, carefully targeted communications, you'd think someone would have noticed very quickly if they'd accidentally recorded more than they'd intended. For fucking years.

    I'm not sure what's worse: the original crime, lying about it, or this gross insult to the intelligence of everyone listening to their transparent fictions.

    --
    Proud member of the Weirdo-American community.
  6. Re:when I overstep the law by michaelmuffin · · Score: 2, Interesting

    the nuremberg defence isn't valid against charges of war crimes or crimes against humanity. that wiretapping constitutes a war crime or a crime against humanity isn't clear to me