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NSA Claims It Would Violate Americans' Privacy To Say How Many of Us It Spied On

colinneagle writes "Would you believe the Inspector General from the Office of the Director of National Intelligence said it would violate the privacy of Americans for the IG office to tell us how many people in the United States had their privacy violated via the NSA warrantless wiretap powers which were granted under the FISA Amendment Act of 2008? The Act is up for a five-year extension, but Senator Ron Wyden said he'd block FAA renewal until Congress received an answer from the NSA about how many 'people in the United States have their communications reviewed by the government' under FAA powers."

53 of 221 comments (clear)

  1. Obvious solution by Anonymous Coward · · Score: 5, Insightful

    Violate their privacy, leak their documents.

    1. Re:Obvious solution by jhoegl · · Score: 3, Funny

      No no no... because privacy is between you and your government.
      o.O

    2. Re:Obvious solution by houstonbofh · · Score: 5, Insightful

      This is kinda like people how do not want to sell something because they will lose money. The thing is, they have already lost the money. They are just Realising the Loss when they sell it. http://www.investopedia.com/terms/r/realizedloss.asp#axzz1yGnexnSj

      So, they do not want us to Realise the Loss of our privacy. (Yes, you can read a lot into that, and you should.)

    3. Re:Obvious solution by EvilBudMan · · Score: 2

      It's everyone, get it or they would have a number.

    4. Re:Obvious solution by amiga3D · · Score: 2

      Why not? It's an idiocracy.

    5. Re:Obvious solution by Mephistophocles · · Score: 3, Insightful

      No it isn't, it's like a government who has so much contempt for you, and thinks you're so stupid that you'll actually accept a double-speak reply that base and condescending as remotely acceptable.

      --
      Deja Moo: The distinct feeling that you've heard this bull before.
    6. Re:Obvious solution by Smallpond · · Score: 2

      Let's see. Average 20 minutes/day * 300M people / 2 is about 2 M days/day. So you need to process 2 M calls at a time to keep up. Seems like it would take a moderate sized supercomputer to process 2M audio signals simultaneously looking for keywords. 100 Teraflops would be plenty,

    7. Re:Obvious solution by stewbacca · · Score: 2

      And therein lies the problem. You still need human beings to pick through and analyze what those 100 teraflops have tagged. And as someone who did exactly that for 20 years, I can tell you that the government would have to increase staffing by 1,000,000 just to be able to do 1/1000th of what you are suggesting. The fact is, not only are less than 99% of calls ever made even recored, 95% of those are never reviewed because there aren't enough analysts, and computers aren't sophisticated enough to understand human language to any level of usable intelligence. Plus, voice recognition software sucks in English, let alone the dialects used by peasants in Afghanistan and Arabic speaking countries. Native speakers can't even get that stuff right, so your imaginary super computer has no chance.

    8. Re:Obvious solution by rtb61 · · Score: 3, Informative

      How about if you are targeting specific people and their families for illicit references to be used in blackmail and extortion to ensure you get your political way. So searches to references to drug terms, prostitution, bribery, even comments that reflect their true beliefs rather than the masquerade. So who are the NSA protecting what secrets are they keeping secret because they can use them to their advantage, not only to keep say the CIA and NSA in control but when those people leave, to enrich them as private contractors.

      This is a case of one thing leading to another. How many peoples privacy did they invade ie not all, then how where those people selected, what pattern was used for the targeted invasion of privacy. What information was gathered and who had access to that information and what information was destroyed including records of who had access to that information.

      Should there not be an audit to substantiate that it all wasn't a huge blackmail and extortion intelligence gathering campaign.

      --
      Chaos - everything, everywhere, everywhen
    9. Re:Obvious solution by shiftless · · Score: 2

      95% of those are never reviewed because there aren't enough analysts, and computers aren't sophisticated enough to understand human language to any level of usable intelligence. Plus, voice recognition software sucks in English, let alone the dialects used by peasants in Afghanistan and Arabic speaking countries. Native speakers can't even get that stuff right, so your imaginary super computer has no chance.

      Imaginary? In 10-15 years, 20 tops, we will have voice recognition software this powerful. What then? Your "solution" is just to bury your head in the sand, betting against technological advancements that will surely come?

    10. Re:Obvious solution by obscuro · · Score: 2

      About a decade ago I saw Carnivore in operation. It was a demo for a privatized version. They pointed it at a radio show. It correctly logged ALL the speech in real time. It identified the speakers. It identified the topics they were discussing and when those topics changed and changed back to an earlier topic. It then wrote a summary of each discussion and a keyword map. It was running on something like a Pentium II with 2 gigs for RAM. and never got past 25% CPU utilization - if that.

      --
      Every rule has more than one consequence.
  2. no need, I know ... by Pirulo · · Score: 5, Funny

    it's around 310 million

    1. Re:no need, I know ... by dan828 · · Score: 4, Interesting

      You do realize that the the 3/5s clause was to reign in the political power of the slave holders, don't you? Not a judgement on the worth of slaves as human beings? The slave states were attempting to have slaves classified as people, only under the census, so that they would benefit politically by having greater representation, while the free states argued that they shouldn't be counted at all because they weren't citizens and wouldn't be the ones to benefit from that representation in the government.

  3. Short Answer by Ashenkase · · Score: 2

    All of them.

    1. Re:Short Answer by kulnor · · Score: 3, Insightful
  4. Nice doublethink and opposite day there. by Anonymous Coward · · Score: 5, Insightful

    This is classical 1984 stuff here. Newspeak excellence.

    War is peace,
    freedom is slavery,
    Violation of privacy is protection of privacy.

    1. Re:Nice doublethink and opposite day there. by Phrogman · · Score: 3, Insightful

      The problem with that is that while true Nazism is pretty rare in modern society, Orwellian actions by the governments of the world are in the least, quite common. Its not so funny when its actually happening I suppose.

      --
      "The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
    2. Re:Nice doublethink and opposite day there. by shutdown+-p+now · · Score: 5, Funny

      I wonder how soon before NSA is renamed the Ministry of Transparency.

      Come to think of it, it would be both doublethink-y, yet also very appropriate.

    3. Re:Nice doublethink and opposite day there. by sjames · · Score: 2

      Considering we are talking about a spy agency that spied on it's own citizens, it's really quite relevant don't you think? It's not like we're calling the ice cream truck guy a Nazi because he wouldn't spot us a creamsickle, now is it?

    4. Re:Nice doublethink and opposite day there. by AlamedaStone · · Score: 2, Insightful

      The problem with that is that while true Nazism is pretty rare in modern society,[..]

      Tell that to Greece.

      --
      "All these years believing you're the signified monkey, only to find out you're just a big hunk of nobody cares."
    5. Re:Nice doublethink and opposite day there. by amiga3D · · Score: 2

      Actually it's a Pelosi-ism. Kinda like "We have to pass it know what's in it."

      http://www.youtube.com/watch?v=KoE1R-xH5To

  5. Wyden by roc97007 · · Score: 5, Insightful

    Ron Wyden is my senator, and although we agree on very little, today he is my hero.

    --
    Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    1. Re:Wyden by EnergyScholar · · Score: 2

      He is also my Senator, and I agree with you.

    2. Re:Wyden by Anonymous Coward · · Score: 2, Interesting

      Ron Wyden is my senator, too. We agree on very much, and today he's even more my hero than usual.

  6. Re:mistake? by ZeroSumHappiness · · Score: 4, Informative

    Wyden often distinguishes himself as a human being first and a politician second.

  7. It is funny, but.. by stanlyb · · Score: 4, Insightful

    BUT, the most funny thing is that they are actually right. LOL, USA, a country of absurd and funny truths. And the reason they are right is that once they say how many Americans are spied upon, the uproar will be so big that everybody would try to know who is actually spied, which will cause disclosing their names, and thus violating their right to stay anonymous......LOL, better ignorant and fracked, than (you guess what).

  8. How does aggregate data violate privacy? by Anonymous Coward · · Score: 4, Interesting

    Seriously? If I say 200 or 2000 people had been investigated under warrantless wiretap powers, how exactly does that violate anybody's privacy?

    Fine, if they can't give us an exact count, how about an order of magnitude? Or would that also violate privacy and/or security?

    Come on. It's got to be between 1 person and 310 million or so. At least narrow it down a little.

    1. Re:How does aggregate data violate privacy? by The+Grim+Reefer · · Score: 4, Insightful

      Seriously? If I say 200 or 2000 people had been investigated under warrantless wiretap powers, how exactly does that violate anybody's privacy?

      Fine, if they can't give us an exact count, how about an order of magnitude? Or would that also violate privacy and/or security?

      Come on. It's got to be between 1 person and 310 million or so. At least narrow it down a little.

      Questions are a burden to others; answers a prison for oneself.

    2. Re:How does aggregate data violate privacy? by Daetrin · · Score: 3, Interesting

      Come on. It's got to be between 1 person and 310 million or so. At least narrow it down a little.

      Are you sure about that? I was just catching up with the Colbert Report on my DVR, and apparently in New York they've frisked more young black males under the "stop and frisk" policy than are actually living in the city. Maybe the NSA has multiple investigations/wire taps going on for each person, maybe they're investigating people who are just visiting the country (not sure if that's legal, but it's not like that would stop them anyways.)

      --
      This Space Intentionally Left Blank
  9. NSA and Catholic Priests, a connection? by Nyder · · Score: 3, Funny

    Here at the NSA, we will NOT violate your privacy by telling you how many Americans privacy we have already violated.

    Thank you, have a good day.

    Here at the Catholic Church, we will NOT violate privacy by telling you which Priests violate children.

    Thank you and god loves you, mainly little boys.

    --
    Be seeing you...
  10. everyone but.... by tverbeek · · Score: 5, Insightful

    I'm guessing that the answer is "everyone except the following....." and that list would immediately put those few dozen people under a spotlight, destroying their privacy.

    --
    http://alternatives.rzero.com/
    1. Re:everyone but.... by Phrogman · · Score: 2

      But it would also give us a good list of the members of the 1% who own the world, at the same time.

      --
      "The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
    2. Re:everyone but.... by unrtst · · Score: 2

      They monitor their own (ex. family, friends, etc) more closely than most. The 1% are definitely monitored. One of the motivations for said monitoring is to catch anything that could set off alarms elsewhere before anyone else catches it so they can provide protection if needed. And besides, it's fun to keep tabs on people you know.

      In fact, that may be the privacy they're worried about breaking. Just a guess, but what if those monitored are mostly NOT made up of the scum of the earth, but are actually a list of those that are vulnerable, important, powerful, rich, etc.

      The common man really has little to worry about, and is of little threat to society, until they rock the boat or start pushing the buttons of the 1%. If the 1% are monitored thoroughly, then that'll nab anyone that deviates from the norms and starts talking to them. Who knows... maybe they are monitoring "everyone", but then most are going to just fall into a statistical norm then. I know this is bordering on "if you didn't do anything wrong, you have nothing to fear", but that's probably not too terribly far from the truth.

  11. Re:It will violate the CIA's privacy when we know by magarity · · Score: 5, Funny

    Get your agencies straight: the CIA spies on people outside the USA, the FBI spies on people inside the USA, the NSA spies on people anywhere on the planet, the NRO spies on everyone throughout the galaxy.

  12. This makes sense if they're recording *raw* data.. by harmless_mammal · · Score: 5, Insightful

    Okay, I remember reading (probably on Wired) that the NSA has an unusual definition of "intercept" when it came to domestic telephone calls...  An "intercept" for them was going back and analyzing their recordings, not the actual "making" of the recording.

    If, for instance, I merely record raw packet data on the network and do not interpret it... then I've "captured the firehose", but I don't know what I've got until I analyze it.

    If I have the budget to "capture the firehose" for the entire US telephone network, but I only need to analyze 10-20K "intercepts" per year, then I probably wouldn't have the equipment or staff to evaluate the details of all the data I have.

    If that's the situation, then I'd probably respond similarly to Wyden's request.  In order to answer his questions I'd have to analyze ALL the data I have, which I don't have the resources or budget to do...  and even if I did, it'd expose the details of all comunications on the network... which would be an invasion of privacy.

  13. Shut 'em down! by Anonymous Coward · · Score: 2, Insightful

    Here's an idea: the NSA coughs up _exactly_ what Congress wants, or Congress shuts them down. Zero. Gone. All employees immediately lose their clearance and get to look for other work.

    If I refused to tell my boss something, he'd fire me.

  14. Re:mistake? by Transkaren · · Score: 2

    Indeed. He's made this constituent *very* happy. Really, we here in Eugene have it pretty good - Wyden and DeFazio both do a fabulous job of handling what we care about.

    --
    -If it's worth doing, it's worth doing well.
  15. Wish companies had those kind of balls by crazyjj · · Score: 4, Insightful

    Can you imagine Google having the balls to tell the FBI "Sorry, can't hand over anymore info. That would violate our customers' privacy."?

    No, I can't either.

    --
    What political party do you join when you don't like Bible-thumpers *or* hippies?
    1. Re:Wish companies had those kind of balls by stox · · Score: 3, Interesting

      The Old AT&T, aka Ma Bell, did that on many occasions. The new AT&T, aka SBC, would sell it's mother for a nickel.

      --
      "To those who are overly cautious, everything is impossible. "
  16. Re:This makes sense if they're recording *raw* dat by crazyjj · · Score: 5, Insightful

    An "intercept" for them was going back and analyzing their recordings, not the actual "making" of the recording.

    Combine that with a retroactive warrants and filtering software and it's basically a license to spy on everyone. I can make the recordings on everyone, filter them for keywords, and then read them--and, if I find something, I can get a retroactive warrant saying it was okay for me to listen to it.

    --
    What political party do you join when you don't like Bible-thumpers *or* hippies?
  17. Re:This makes sense if they're recording *raw* dat by harmless_mammal · · Score: 4, Interesting

    And, also, please realize that organizations like the NSA aren't free to discuss their techniques in a public forum... so they can't publicly tell Sen. Wyden why they don't have the capability to answer his questions.

  18. Re:This makes sense if they're recording *raw* dat by Anonymous Coward · · Score: 2, Interesting

    You make me wish I had an account so I could mod you up. The privacy data the NSA has is a Schrödinger's cat. In order to know who's privacy they've "violated" they would actually have to analyze the data, thus actually violating it.

  19. Re:This makes sense if they're recording *raw* dat by RogueLeaderX · · Score: 4, Insightful

    While this is a nice dodge there is one question they can still answer:

    How many people have they "intercepted." No going back to analyze all captured data, just let us know how many people were "actively" voilated instead of just "passively" recorded.

  20. Re:It will violate the CIA's privacy when we know by Nadaka · · Score: 4, Funny

    That was the old way.

    Now DHS spies on everyone and all agencies share the same intelligence channel.

  21. Another misleading Slashdot headline by tomhath · · Score: 5, Interesting

    If you read the letter from the IG, all he says is that he can't answer the question in an *unclassified* letter. He then goes on to point the senators to classified reports that contain most of what they're looking for; basically that sometimes they collect information and learn afterwards that the person wasn't where they thought (inside the US, so the data shouldn't have been collected). Of course if you choose not to believe anything he says then there's no reason to RTFA anyway.

  22. Re:Conspiracy theory by Anonymous Coward · · Score: 4, Funny

    I personally would never click on a link that leads to a video or picture of a cat.

    I would never click on a link that leads to a picture of a mans gaping anus, but we all make mistakes sometimes.

  23. Re:Conspiracy theory by HapSlappy_2222 · · Score: 5, Insightful

    Then why not simply say "That's a question that cannot be reasonably answered due to [reasons A, B, C, D etc]." like my ISP would, instead of saying "We cannot tell you because we value your privacy."? Besides, it's a moot point; the fact remains they're collecting data on us, but they won't (or can't) tell us what it is. The end result is the same in either case; an agency is collecting data on us with no accountability.

    As for TFA's quote: the contradiction seems super-obvious to us, but for a high level official to make that statement without seeing the same contradiction we do is pretty scary. What it means is this particular NSA leader has never even considered where his agency would fit in a privacy/no privacy Venn diagram. It has never occurred to him that their data collection could be a violation of privacy in the first place; they're orders of magnitude above such simple concerns.

    To the NSA, data is like fruit on a vine they already own. They can pick this fruit whenever they choose, but that fruit is theirs whether they pick it or not.

    I agree with you to a point; the NSA probably does not believe this is malicious, but if the NSA thinks the way they appear to, this is still wrong and completely out of touch with the privacy concerns we really have.

  24. Re:FAA? by gstoddart · · Score: 2

    s/FAA/FISA

    Nope, it's FISA Amendments Act.

    The FISA Amendments Act of 2008 (FAA) rewrote our surveillance laws, which had generally required a warrant or court order for surveillance of people in the US. Under the FAA, the government can get a year-long programmatic court order for general bulk collection of Americans' international communications without specifying who will be tapped. It is up to the administration to decide that on its own after the fact, without any judicial review. The major requirement is that no particular person in the US should be targeted.

    So, it's the warrant-less wiretapping stuff for domestic stuff. FISA is for foreign intelligence.

    --
    Lost at C:>. Found at C.
  25. Re:This makes sense if they're recording *raw* dat by Memophage · · Score: 5, Informative

    That sounds frighteningly accurate.
    From a different Wired article: http://www.wired.com/threatlevel/2012/03/nsa-whistleblower/

    NSA can intercept millions of domestic communications and store them in a data center like Bluffdale and still be able to say it has not “intercepted” any domestic communications. This is because of its definition of the word. “Intercept,” in NSA’s lexicon, only takes place when the communications are “processed” “into an intelligible form intended for human inspection,” not as they pass through NSA listening posts and transferred to data warehouses.

    So, the short, accurate answer to Wyden's question would be "We're spying on everyone. Literally. It would take too much work to even calculate the number of people we're spying on. Go away."

  26. Re:mistake? by scot4875 · · Score: 4, Funny

    I notice that there's no mention of Wyden's party affiliation in the article. Must be that liberal media trying to hide the good deeds of the Republicans again.

    --Jeremy

    --
    Jesus was a liberal
  27. 310 Million +, encryption means naught by EnergyScholar · · Score: 5, Funny

    I agree with the poster above. NSA probably spies on all electronic traffic by everyone on Earth, which includes all residents of North America. I'd like to take this occasion to remind people about ECHELON, the 'secret' signals intelligence gathering system whose existence was leaked to the public in 1996 by some very brave Aussies. This revelation included the detail that, since 'Five Eyes' (AUS CAN NZ UK US) foreign intelligence agencies were forbidden by charter from spying on their own citizens, they had worked out an arrangement to spy on each others' citizens and then swap data!

    I also wish to take this opportunity to suggest to security-minded readers that NSA et al have advanced cryptanalysis tools at their disposal. While your first reaction might be "Duh!", please bear with me. In this message I actually disclose new non-public, non-official, hard-but-not-impossible-to-verify information. Specifically, I'd like to blow the whistle on the fact that they have probably had a working Quantum Computer system capable of cracking Public Key Cryptography since about 1996. Thus, even your encrypted data has been seen by NSA computers although, of course, that decrypted data set must be partitioned separately and used with extreme care, so as not to reveal its existence.

    Science-oriented readers might wonder just what sort of QC could have been built a full 18 years ago, when current technology is just nearing the point of developing a useful QC. The answer is that they generated a 'teleportation/entanglement-based winner-take-all style recurrent topological quantum neural network', then trained it to emulate a Quantum Turing Machine that could run Shor's Algorithm. It exists in the physical form of a complex system composed of 'anyons' interacting with each other within a 'two dimensional electron gas'. Anyons can be generated by moving precision arrays of powerful electromagnets very near the surface of the 2DEG, like creating whirlpools in the bathtub with your hand. I strongly suspect the scientists involved discovered a rule, analogous to Rule 110, that operates directly on the physical system of anyons within a 2DEG. For the detailed scientific underpinnings I suggest you study the collected works of Stuart Kauffman, Steven Wolfram, David Deutsch, and Robert Laughlin. You have no reason to trust what I'm saying, and disinformation is entirely too common, but I want readers to understand that it is possible for a sufficiently determined and intelligent person to verify that what I just said is probably true, although certainly NOT just by Googling for it :-)

    Readers should note that the new technology I describe is not limited to running Shor's algorithm and,in fact, is a powerful new general technology with various other uses. None of which matter much until this whole thing is declassified, so that civilian scientists will be able to study and publish on the topic. The NSA et al is keeping it secret to prevent everyone from knowing that PKI is no longer secure. IMHO this is insufficient reason to keep secret important new scientific knowledge.

    Finally, lest someone complain that I might be harming National Security by making the above disclosure, I'd like to point out that China and Russia already have working QCs of their own that function on similar principles. This is an open secret within the Intelligence Community. Thus, I am disclosing new information to Slashdot readers and to the general public whom they might tell about it, but I am NOT telling international sp

  28. Re:Conspiracy theory by Concerned+Onlooker · · Score: 5, Funny

    "...the NSA is the *only* intelligence agency that, as a group, gives a damn about our rights."

    So, you're saying that to save the village they had to destroy it?

    --
    http://www.rootstrikers.org/
  29. Re:It will violate the CIA's privacy when we know by HapSlappy_2222 · · Score: 2

    Well, this is all balanced out by FEMA, which only spies on a hole in the sand, and the DOJ, who's spy, Justice, cannot see. I figure that, once all agencies completely are averaged out, the government can look right at my big, sweaty, hairy ass.