Slashdot Mirror


NSA Official Disputes Chief's Claim That Agency Doesn't Collect American Data

NSA Director Gen. Keith Alexander was playing a "word game" when he said the agency does not collect files on Americans according to William Binney, a former technical director at the NSA. Binney says the NSA does indeed collect e-mails, Twitter writings, internet searches and other data belonging to Americans and indexing it. "Unfortunately, once the software takes in data, it will build profiles on everyone in that data," he said. "You can simply call it up by the attributes of anyone you want and it's in place for people to look at."

214 comments

  1. Google... by Razgorov+Prikazka · · Score: 3, Funny

    would never do that :-)

    --
    rm -rf --no-preserve-root / ...and let /dev/null sort them out...
    1. Re:Google... by Anonymous Coward · · Score: 1, Funny

      would lie about it until they got caught red-handed with the data they didn't collect.

      Then they'd say it was a coding error.

      Then they'd get caught with the same data years later, and say it was ANOTHER "error".

      Meanwhile, fanbois would be making all kinds of excuses.

    2. Re:Google... by durrr · · Score: 5, Insightful

      The worst thing Google will deliver is laser-guided advertisements.
      The worst thing NSA will deliver is laser-guided bombs.

    3. Re:Google... by Joce640k · · Score: 1

      Google isn't run by the Government...

      --
      No sig today...
    4. Re:Google... by Anonymous Coward · · Score: 0

      Which make their complicity even more damning.

    5. Re:Google... by Anonymous Coward · · Score: 3, Insightful

      The NSA does not drop bombs or make bombs or have anything to do with bombs. Sorry, chief.

    6. Re:Google... by Anonymous Coward · · Score: 5, Insightful

      The Government does not want Google to be run by the U.S. government. Keeping Google as a private corporation complicit to the whims of the Government allows the government of the USA to avoid the entanglements and restrictions of the Constitution.

    7. Re:Google... by MRe_nl · · Score: 5, Insightful

      The Stasi doesn't man the wall or shoot at people trying to cross the wall. Sorry chief.

      The Gestapo doesn't run concentration camps or has anything to do with concentration camps. Sorry chief.

      The NSA doesn't do rendition or has anything to do with rendition. Sorry chief.

      --
      "Kill 'em all and let Root sort 'em out"
    8. Re:Google... by ciderbrew · · Score: 1

      If information is used to decided who to kill, then there can be no errors in the data. Considering the "Thou shalt not kill" bit in the big list seems to be ignored at least "Thou shalt not blow the wrong people into little bits due to data error" could be used instead.

    9. Re:Google... by Anonymous Coward · · Score: 0

      One of those kills you in a quick blow. The other slowly tortures you into submission.

    10. Re:Google... by Jawnn · · Score: 5, Insightful

      This. A hundred times this. Now y'all go and look up the definition of the word "fascism" and ask yourself if this is a trend you want to see continue.

    11. Re:Google... by DJRumpy · · Score: 1

      If the government was doing this, they tell us.. They'd say, you know, Duck and Cover!

      Note: for those that don't get the joke, see the last few minutes of Transformers....

    12. Re:Google... by stanlyb · · Score: 1

      Did you forget to connect them?
      Let me do it for you:
      The worst thing YOU will get is laser guided bomb guided by laser-guided ads.

    13. Re:Google... by Darkness404 · · Score: 1

      Exactly. That is the difference between a corporation and a government, something that many don't seem to get.

      --
      Taxation is legalized theft, no more, no less.
    14. Re:Google... by AHuxley · · Score: 1

      But they do work so well with the NSA.
      The NSA will not tell you how, why, when or ....
      http://www.wired.com/threatlevel/2012/05/google-nsa-secrecy-upheld/

      --
      Domestic spying is now "Benign Information Gathering"
    15. Re:Google... by Trepidity · · Score: 4, Insightful

      Whether there's a real distinction depends on whether Google is sharing its data with the NSA. If Google collects data and voluntarily turns it over to the NSA without a warrant, no law is broken, because Google is allowed to do whatever it wants with its data. And that results in the same practical effect as would've been the case if the NSA collected the data itself.

      If you want to keep the two distinct, we need laws limiting what companies like Google are allowed to do with their data, such as when they're allowed to share it with the government.

    16. Re:Google... by Anonymous Coward · · Score: 0

      ...

      Meanwhile, fanbois would be making all kinds of excuses.

      The worst thing Google will deliver is laser-guided advertisements.
      The worst thing NSA will deliver is laser-guided bombs.

      Q.E.D.

      And getting modded up while doing it.

    17. Re:Google... by hairyfeet · · Score: 4, Interesting

      Actually its better for the government that way as its not bound by the constitution and thus makes it easy for them to get data without any of those "pesky" rights getting in the way. We've seen for years that FISA is a "rubber stamp" court and by simply using someone like Google to collect the data they aren't subject to freedom of information requests.

      Frankly if groups like the NSA aren't so chummy with Google they have a "Google liaison" just to keep it nice and friendly I'd be amazed. Just the amount of data they gather on an average day would make J. Edgar green with envy, no way in hell the government just lets that amount of data slide without getting a peek, no way.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    18. Re:Google... by Anonymous Coward · · Score: 0

      Or new law that spells out what government can do with data it collected or obtained by other means or via it allies. etc.

    19. Re:Google... by bbelt16ag · · Score: 1

      dude you need to go read last month's wired magazine! they got one in every company already.

      --
      NEVER NEVER NEVER NEVER NEVER NEVER NEVER NEVER GIVE UP! "No limitations, no boundaries, there is no reason for them."
    20. Re:Google... by gestalt_n_pepper · · Score: 2

      And provides that ever popular "plausible deniability" when wrongdoing occurs.

      --
      Please do not read this sig. Thank you.
    21. Re:Google... by Anonymous Coward · · Score: 0

      I would, but all my memories of the the film were excised from my brain. I assume this was a preventative measure by my psyche, so I won't watch it again just in case.

    22. Re:Google... by Phrogman · · Score: 5, Insightful

      And keep in mind - without intending to Godwin this discussion - that IBM had dealings with the Nazis in Germany before the war helping them gather information on their citizens. Not saying anything like that about the US Gov't-Google relationship, just that companies gathering or processing government information on their citizens can go horribly wrong :P

      --
      "The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
    23. Re:Google... by Anonymous Coward · · Score: 0, Insightful

      The Gestapo doesn't run concentration camps or has anything to do with concentration camps. Sorry chief.

      If you think the Gestapo and NSA are in any way comparable, you at least need to read the Wikipedia page on the Gestapo, chief.

      And by chief, I mean "dumbass."

    24. Re:Google... by davester666 · · Score: 2

      That is WAY too hard.

      I believe they currently are at: "We will do our best to make sure only as few people find out when we kill the wrong people."

      --
      Sleep your way to a whiter smile...date a dentist!
    25. Re:Google... by MRe_nl · · Score: 3, Insightful

      Yo, thanks for the tip.
      If you like Wikipedia I can strongly recommend looking up "Ich habe es nicht gewusst", "Befehl ist befehl" and the Nuremberg trials while you're at it.

      --
      "Kill 'em all and let Root sort 'em out"
    26. Re:Google... by kilfarsnar · · Score: 1

      Google isn't run by the Government...

      Perhaps not, but if you don't think the intelligence community is keenly interested in the data Google collects, you need to adjust your paradigm.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    27. Re:Google... by jmerlin · · Score: 1

      Fine. But it really should be considered an invasion of privacy (and potentially a violation of federal communications laws) for Google or any other search engine to give non-anonymized search data, e-mail, or any usage metrics to the federal government without a warrant. Like, people going to jail for life for it. Including people at Google for complying and everyone at the NSA who knew about it. We summarily dismissed legislation earlier this year that would've given companies impunity from this, so I will assume that because they were drafting legislation to cover their asses that it's completely illegal. Prison sentences. Let's get em started.

    28. Re:Google... by Anonymous Coward · · Score: 0

      Millions are volunteering their data on Facebook. No need to jump hubs.

    29. Re:Google... by mcgrew · · Score: 1

      The "people" under discussion are neither Christian, Jew, or Muslim and as such, the ten commandments do not apply to them. Their religion is money and power, and money and power is all they worship.

      They may claim to be Christian or Hebrew or follow Muhammed, but they lie.

      If this is a Christian nation, why is adultery legal? That's one of the "big ten" too! The fact is, this is a secular nation, and religion has nothing to do with its laws.

    30. Re:Google... by Anonymous Coward · · Score: 0

      The NSA will license the laser-guided ad tech to deliver the bombs.

      That's the bigger problem people often miss out.

    31. Re:Google... by postbigbang · · Score: 1

      Laws are irrelevant. There are over-arching secret National Security Letters, that can do allow their holders anything the letter desires regarding secrecy, and it does. It is the new de facto arbiter of what is secret or private in the United States. They are nearly impossible to fight. And we cannot know their contents, or what they really do. They are a ghost that vacuums stuff.

      What stuff? You can trust the government, right?

      --
      ---- Teach Peace. It's Cheaper Than War.
    32. Re:Google... by sjames · · Score: 1

      The place where that gets fast and loose is in the area of compensation or coercion. In truth, if there is the slightest hint that xyz agency would be 'very happy with' corporation abc if the data is turned over or that it might be 'unfortunate' if they don't, the Constitution attaches.

      In practice that gets papered over and then the judge tears off a piece of the Constitution to put his gum in so it doesn't stick to the trash can.

    33. Re:Google... by KhabaLox · · Score: 1

      The worst thing Google will deliver is laser-guided advertisements.
      The worst thing NSA will deliver is laser-guided bombs.

      Exactly. That is the difference between a corporation and a government, something that many don't seem to get.

      I think a more apt comparison is:
      The worst thing BP will deliver is untargeted crude oil to your entire Gulf coastline.

      --
      Ceci n'est pas un sig.
    34. Re:Google... by ciderbrew · · Score: 1

      I agree with the first two points and I know it's supposed to be a secular nation; but from the outside looking in and from stories posted here. It doesn't look that secular.
      I looked up if adultery is legal in the USA and found in some places, it wasn't. I'd look into in more but its not a point I need to prove either way. http://www.usatoday.com/news/opinion/forum/2010-04-26-column26_ST_N.htm

      By point is, the NSA is involved in the supply of information that can and will be used for the purpose of killing people. I don't agree with killing; but if the state is going to murder. Then the very least I hope for is the information be correct.

    35. Re:Google... by mcgrew · · Score: 1

      I looked up if adultery is legal in the USA and found in some places, it wasn't.

      Is an uninforced law really a law? I live in Illinois, where the linked story mentioned adultery is illegal, but ten years ago my wife left me and my two then-teenaged daughters for another man. Even though she was living with the guy, my lawyer said I couldn't use adultery as grounds for divorce because you have to pretty much have a photograph of the two naked together!

      I did get adultery into the court record, though, when the judge asked what the irreconcilable differences were, and I said "the guy she's committing adultery with." All the judge said was "Oh!" and signed the divorce decree.

      It may be on the books as being illegal, but if you can walk down the street smoking a joint and not be arrested, smoking pot wouldn't really be illegal, would it? What good (or bad) is a law if it's not enforced?

    36. Re:Google... by WOOFYGOOFY · · Score: 1

      You're a perfect idiot. You can't distinguish between people trying to kill you and people trying to stop people from killing you. Anyone in the world who has any power not reviewable and accountable to you directly and personally is your "enemy" .

      It's too bad we can't force cretins like you and other " libertarian freedom fighters " to individually endure the fates you would assign to everyone else, while the rest of us who understand that we benefit and in fact are grateful for the services our tax dollars pay for can watch from a safe distance.

      Forcing people to live with the consequences of their actions would go a long way to solving a lot of the world's problems right now. I see that a lot of Oklahoma is on fire, what with the climate change induced drought and climate change induced scorching record temperatures. Maybe God does have a sense of personal justice after all. Nah, most people in OK wouldn't be rabid right wing deniers,. if they didn't have a piece of shit alcoholic Senator who acts like he shoved so much nose candy up his nose during his heyday of the 80s that he barely has two brain cells left in communication with each other.

      You wouldn't even BE here if it weren't for the national security apparatus you spit in the face of and compare to the Stasi. What would your philosophical uber-cunt Ayn Rand make of your spitting in the face of the dedicated hard working who provide your miserable existence for you?

      There. That should spin you into an infinite loop of some sort.

  2. That's a crime. by jcr · · Score: 4, Interesting

    Collecting e-mail without a warrant violates the fourth amendment. Any government official who does this or orders it done is violating the civil rights of both the sender and the addressee under color of authority. If we had a justice system in this country, they'd end up behind bars for that.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
    1. Re:That's a crime. by Anonymous Coward · · Score: 0

      Their excuse is that they just wanted to perform infinite Hoover files re-enactments on the whole population.

    2. Re:That's a crime. by hey! · · Score: 1

      Collecting e-mail without a warrant violates the fourth amendment.

      In *spirit* certainly. *Literally* -- maybe not. An email message is not literally your person, papers, home or effects. It's a stream of bits that you hand off to your mail provider with implicit permission to forward to other third parties as part of delivering the message to its ultimate recipients.

      That's why there's a Stored Communications Act, which provides much less protection for your emails than the 4th would (except in the 6th Circuit which ruled SCA's weaker protections unconstitutional on 4th Amendment grounds).

      It's the 9th that warrantless email searches violate. Email doesn't narrowly fit within what is described in the 4th, but does any reasonable person doubt that if the framers knew about email the 4th would have been drafted to protect email as well? The difference between email and physical papers is one of implementation only, not intended use or expectations of privacy, and under the 9th we may not construe the protections given to personal "papers" narrowly.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    3. Re:That's a crime. by s.petry · · Score: 1

      On the surface your point seems valid, but it is really missing something important for the 4th amendment.

      First, the NSA is decrypting and opening everything, anything you send even with an expectation of privacy is fair game to the NSA. This is the primary purpose of the new NSA super compute center by the way, brute force attacking encryption. Secondarily, wire tapping laws dismiss your premise that because the "Internet" is public everything is fair game.

      Because it's plain text makes no difference, and because it's in public areas makes no difference to the law. An agent could not stand over your shoulder as you write in your journal in a public park, take pictures of your materials, and submit those to a case file against you unless there was a warrant. This is what your argument states is legal, which it is not.

      I'm not saying it's not a violation of the 9th amendment also, but it is a clear violation of the 4th.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    4. Re:That's a crime. by sociocapitalist · · Score: 1

      Collecting e-mail without a warrant violates the fourth amendment. Any government official who does this or orders it done is violating the civil rights of both the sender and the addressee under color of authority. If we had a justice system in this country, they'd end up behind bars for that.

      -jcr

      Unless they're a corporation in which case they'll 'come to a settlement' and be on their merry way.

      --
      blindly antisocialist = antisocial
  3. The NSA spook lied? by Anonymous Coward · · Score: 0

    I am shocked!

    1. Re:The NSA spook lied? by Anonymous Coward · · Score: 0

      Which spook? The article quotes a former spook who left NSA over ten years ago and is now criticizing what he thinks they might be doing today. Serious credibility issue there.

  4. Keyloggers coming to a PC near you... by Mattygfunk1 · · Score: 2

    When did it become permissible to build data profiles on everyone, including your average law abiding citizen?

    Investigating "terrorists" is one thing, but openly (or in this case secretively) spying on everyone is now considered ok by those in charge?

    The "system" is corrupt.

    1. Re:Keyloggers coming to a PC near you... by Anonymous Coward · · Score: 1

      When did it become permissible to build data profiles on everyone, including your average law abiding citizen?

      It started during The First Red Scare (1917–20) inspired by Communism's emergence as a recognized political force.

      http://en.wikipedia.org/wiki/McCarthyism

    2. Re:Keyloggers coming to a PC near you... by kqs · · Score: 2

      When did it become permissible to build data profiles on everyone, including your average law abiding citizen?

      It started during The First Red Scare (1917–20) inspired by fear of Communism as a recognized political force.

      FTFY. Well, the political force was the encouragement and exploitation of that fear. The fear was just a lever.

    3. Re:Keyloggers coming to a PC near you... by Anonymous Coward · · Score: 1

      We build our own profiles, willingly, on facebook and google plus.

    4. Re:Keyloggers coming to a PC near you... by Anonymous Coward · · Score: 0

      I wonder what the "Anonymous Coward" profile looks like ... :-)

  5. Allegations that defy reality by daveschroeder · · Score: 3, Interesting

    The ridiculousness here is that anyone believes that NSA actually has a "dossier" on all Americans — or even cares about Americans at all, given that its sole purpose for existence is foreign signals intelligence as exponentially increasing amounts of foreign traffic travel through networks, systems, and infrastructure on US soil. All of those foreign linguists must be for illegally spying on Americans!

    Basically what you're saying is, you'd prefer to believe, without proof, allegations that the NSA is illegally dragnet-spying on ALL Americans, and has been doing so for more than a decade, which would involve at the very LEAST hundreds, and more likely thousands, of civilian and military NSA employees, all of whom don't mind that they're directly violating the Constitution, but only one guy who hasn't been at NSA in over a decade is telling you "the truth"? That really seems plausible to you?

    When the Terrorist Surveillance Program was revealed by the New York Times in 2005, it only touched on numbers of Americans in the hundreds, who had direct communications with individuals tied to terrorism, was authorized by the President under Article II under the AUMF, and was renewed and briefed to Congress every 45 days — and this was four years AFTER Binney claimed NSA was already dragnet-wiretapping ALL Americans.

    Never mind that restrictions on US Persons are constantly drilled into civilian and military intelligence professionals every day. Never mind the complex procedures the IC maintains specifically to NOT target or collect on Americans. Never mind that the FISA Amendments Act of 2008 is stricter than previous law.

    What we have done is shifted the notion of who is or isn't a US Person from the a place to a person.

    Before 9/11, we assumed anyone — or any traffic — inside the US was a US Person, and that anyone outside the US was fair game. After 9/11, and with the increasing levels of foreign traffic traveling over the internet instead of walkie-talkies in foreign countries, the IC, and NSA in particular, was in the difficult position of needing to target traffic within the US. A series of secret orders and stopgap legislation (like the temporary Protect America Act) supported this.

    The FISA Amendments Act of 2008 completely changes the pre-9/11 paradigm. Now an individual warrant is required to target a US Person anywhere on the globe, while foreign targets — even within the US — explicitly do NOT require a warrant. Foreign targets outside the US have never required a warrant, and shouldn't just because they or their traffic enter the US.

    For anyone who claims to care about this topic at all, I urge you to read "REMARKS BY GENERAL MICHAEL V. HAYDEN", which is former NSA and CIA directory General Michael Hayden's remarks before the National Press Club in 2006. This was still pre-FISA Amendments Act of 2008, but it gives a (very) clear picture of what the landscape and our challenges was, and still are. Also, if you care at all about what NSA does, this excellent and very recent National Geographic documentary is as close as you're going to get in an unclassified context.

    A key excerpt from General Hayden's speech is included below, but again, if you purport to care about this issue at all, I urge you to read the entire speech and the Q&A, and reflect on the fact that it's not possible given the secrecy of intelligence work for NSA to "prove" that it *isn't* doing something. Oversight of the IC comes from the executive (the President), legislative (Intelligence Committees of both houses of Congress and FISA legislation), and judicial (FISC) branches. That's how oversight of the Intelligence Community has always occurred.

    The trouble is the mistaken and misguided belief that if there has ever been an example of abuse, or a mistake, then ALL activity MUST be abuse. If you choose to believe that the United S

    1. Re:Allegations that defy reality by Anonymous Coward · · Score: 0

      Yeah, they would never abuse their position. It's never happened in America before.

    2. Re:Allegations that defy reality by daveschroeder · · Score: 2

      To repeat myself:

      The trouble is the mistaken and misguided belief that if there has ever been an example of abuse, or a mistake, then ALL activity MUST be abuse.

    3. Re:Allegations that defy reality by Anonymous Coward · · Score: 0

      Unfortunately, you have made the one statement that has turned US citizens globally in the pariahs that they are seen as today:

      Now an individual warrant is required to target a US Person anywhere on the globe, while foreign targets â" even within the US â" explicitly do NOT require a warrant

      You see, the US sells me, a foreigner (more accurately, a non-American) the myth that it protects "my" freedom and rights when it goes off and bombs yet another nation, yet it constitutionally and legally makes it absolutely clear it will simply ignore any privacy rights I have (a basic Human Right) because I'm not an American - an increasing volume of people as the year-long US embassy waiting lists for revoking US citizenship mutely testify.

      Treating non-US people different to US citizens is your right, of course, but many of your fellow nationals are already experiencing the consequences. Many can no longer have a bank account as a lot of those have simply been closed by banks on the strength of a US passport alone.

      It would be much better for business and US life if you could clear that up, but here is the crux: if life was indeed getting safer those agencies would get less of a budget. Which is not something they will allow to happen, damned the consequences.

    4. Re:Allegations that defy reality by Shikaku · · Score: 1

      All it takes is a taste a power and they want more. I'm sure they made it for "terrorists" then it became "only for foreigners" then eventually they noticed it could be used on anyone.

      Don't think for a second that we don't notice you're trying to diffuse the situation.

    5. Re:Allegations that defy reality by Joce640k · · Score: 1

      The ridiculousness here is that anyone believes that NSA actually has a "dossier" on all Americans — or even cares about Americans at all, given that its sole purpose for existence is foreign signals intelligence as exponentially increasing amounts of foreign traffic travel through networks, systems, and infrastructure on US soil.

      Do the pink unicorns poop rainbows in your world...?

      --
      No sig today...
    6. Re:Allegations that defy reality by Johann+Lau · · Score: 4, Insightful

      What gets me every single time is how Americans seem to have no problem with the whole "foreigners are fair game" stuff.

      I beg your fucking pardon? If you breed and keep institutions with that sort of double standard, don't be surprised when that double standard gets turned on you, is what I'm thinking.

    7. Re:Allegations that defy reality by Anonymous Coward · · Score: 0

      You have no idea the level of oversight that goes into these kinds of things and just assume the worst.

    8. Re:Allegations that defy reality by Anonymous Coward · · Score: 0

      The trouble is the mistaken and misguided belief that if there has ever been an example of abuse, or a mistake, then ALL activity MUST be abuse.

      The funny thing is, you appear to be the only one claiming to have any such belief.

      All the rest of us are asking is for the "isolated" examples of abuses or "mistakes" to stop happening.

    9. Re:Allegations that defy reality by h4rr4r · · Score: 1

      Because we have seen the mistakes, and want to avoid being one.

      Even one mistake in who goes to GITMO should have been enough to shut the thing down. It was not. Never mind that it never should have existed to begin with.

    10. Re:Allegations that defy reality by Anonymous Coward · · Score: 0

      The trouble is the mistaken and misguided belief that if there has ever been an example of abuse, or a mistake, then ALL activity MUST be abuse.

      I don't think anyone's saying that. The point is that it is not sufficient to say 'we will not abuse this' or 'we do not abuse this', you have to be able to say 'we cannot abuse this'. So it only takes one example of abuse to show that's not the case and the system should be scrapped.

    11. Re:Allegations that defy reality by daveschroeder · · Score: 3, Informative

      It's fine to take issue with it, but that's how it's always been — this isn't a new construct in foreign intelligence. For as long as the US Intelligence Community has existed, foreign targets have NEVER required a warrant, because foreign targets are not seen by the law or the courts to have Fourth Amendment protections under the Constitution.

      I repeat: this is not new and this is not "post-9/11". Make no mistake, foreign targets are still TARGETED. The US doesn't just eavesdrop on foreign targets for the hell of it — a target is picked after analysis of intelligence, which may identify more targets, which feed into the next "loop" of the intelligence process. It's not some kind of dragnet.

      However, to pick out communications from anywhere in real time, which is the ideal state that even NSA admits it is trying to reach, you must necessarily have the ability to, well, pick out communications from anywhere in real time. To quote former DIRNSA Michael Hayden: "NSA needed the power to pick out the one, and the discipline to leave the others alone."

      Furthermore, it's not a double standard — if the Constitution applied, in a practical sense, to everyone on the globe, what is the purpose for national borders? Why should a US court decide whether the Intelligence Community can target a Chinese military communications hub, or an al Qaeda satellite phone? Moreover, even if a warrant WAS required, the capability and infrastructure to capture the communications must still exist!

      Every single capability that government or law enforcement has, or has ever had, can be abused. History tells us as much. Every single one of them can be turned against innocents. Every. Single. One. What stops that? Oversight and the law. We do not have direct oversight of intelligence, only institutional oversight by proxy. But that's not new, either. We constantly strive for the right level of government power vs. checks on that power.

    12. Re:Allegations that defy reality by jpapon · · Score: 1
      It's not really a double standard, it's just that the US treats all foreigners as potential enemies, and thus undeserving of privacy. This may be an antiquated way of thinking, but the US is certainly not the only country guilty of it, and it's somewhat reasonable given the scar that 9/11 left on the American psyche.

      Anyways, I agree that the US needs to move past its mentality that treats all foreigners as sub-humans who don't deserve all the rights that American citizens have. It's one of the more disgusting elements of US law and foreign policy.

      --
      -- Let us endeavor so to live that when we pass even the undertaker shall be sorry. -- M. Twain
    13. Re:Allegations that defy reality by MatthiasF · · Score: 2

      I find the repeated irrational argument that the "hundreds, and more likely thousands, of civilian and military NSA employees" couldn't possibly be evil enough to be helping to create profiles on Americans completely ridiculous.

      It doesn't take hundreds or thousands to do this, all it takes is a team of software engineers with access to all compiled information from those hundreds or thousands (or tens of thousands if FBI, SS and such are included) of investigators or researchers.

      The majority of these workers at these agencies are most likely good-hearted people, just as most at the banks are as well, but a few corrupt or negligent people with the right access and abilities could be doing what we are all fearing and the rest wouldn't know any better.

      The issue is that the information to do this is possibly being collected, and if it is collected it can be used for nefarious purposes.

    14. Re:Allegations that defy reality by stanlyb · · Score: 1

      You are quite right, if they CAN do it once, and if NOTHING could stop them to do it twice, why bother with slippery moral and not just do it ALWAYS???

    15. Re:Allegations that defy reality by Anonymous Coward · · Score: 0

      The problem is that we just don't really know. The NSA refuses to give any accountability to the people all in the name of national security. Nobody outside of the NSA is allowed to audit their intelligence collection to see if they're telling the truth. There have been several "smoking guns" to suggest that the NSA is tapping domestic communications. Maybe they're only selectively monitoring foreigners like they're supposed to, but how do we know that?

      I'd be willing to give the benefit of the doubt if the government had a track record of respecting our rights but the problem is that they have an extremely poor record of doing so. So by default I'm going to assume they're doing something wrong on a regular basis until they allow themselves to be audited in a transparent way to prove that they aren't.

    16. Re:Allegations that defy reality by Johann+Lau · · Score: 2, Insightful

      Furthermore, it's not a double standard â" if the Constitution applied, in a practical sense, to everyone on the globe, what is the purpose for national borders?

      Because that makes the difference between values and hypocrisy. The constitution mentions god-given, inalienable rights. Those are by definition held by everybody, or nobody. You play "yes, but" games with it, you loose the whole thing.

      Also, you say that like the purpose for national borders is holy and overrides anything else? Not that I'm against borders, to me they're like fire safety doors... don't put all eggs in one basket. But ideally, there'd be hundreds of souvereign nations, and each would afford more or less the same protections to their inhabitants. And yes, someone might then ask "why even consider them distinct", to which the answer is "why not?" :P

    17. Re:Allegations that defy reality by ZosX · · Score: 2

      The fact that abuses, whether they happen or not, can occur with little in way of checks or balances is a severe problem. We have an nsa agent saying that they are collecting communications without a warrant. That's illegal, regardless of who they are targetting. You're saying you trust them to "do the right" thing with that information? Seriously??

    18. Re:Allegations that defy reality by ZosX · · Score: 1

      Government can't be trusted. Expect the worst.

    19. Re:Allegations that defy reality by mwvdlee · · Score: 1

      Nobody's denying that there is non-abusive activity. The thing people worry about is the ratio of abusive vs. non-abusive activity, which some claim to be increasingly skewed towards abusive.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    20. Re:Allegations that defy reality by stanlyb · · Score: 1

      To answer your question, if an alien person resides inside the USA's border, he is supposed to abide to the laws of USA. Which means he has the same obligations, and the same rights (except voting of course). BUT, if you do insist that he has no rights, only obligations, then what to tell you man, you need to repeat Grade 1. 10 times. And the take that damn logic exam.
      Nevertheless, spying over foreign, in his country, is violation of HIS rights in HIS country. Which is, let me be straight, CRIMINAL activity. Or for the simple-minded: ESPIONAGE. You did not now that spying is criminal? Oh, my, gosh. Go repeat kindergarten first. The junior one.

    21. Re:Allegations that defy reality by sFurbo · · Score: 5, Insightful

      if the Constitution applied, in a practical sense, to everyone on the globe, what is the purpose for national borders?

      To delineate who gets the postive rights secured by the rest of the US laws, as opposed to the negative rights from the constitution. To keep people not wanted in the US out of the US. To delineate who has to pay US tax. There are plenty of other uses for national borders than to delineate who gets a certain set of rights.

      Why should a US court decide whether the Intelligence Community can target a Chinese military communications hub, or an al Qaeda satellite phone?

      Because the intelligence community in question operates on US soil, and is thus held accountable to the US courts. Or do you think they should have the right to arbitrarily kill foreigners in the US as well? Because the intelligence community in question is part of the US government, and is thus bound by the statutes limiting what the US government can do, including the constitution.

    22. Re:Allegations that defy reality by DNS-and-BIND · · Score: 1

      Wow, you're TOTALLY going out of your way to avoid the word "American", aren't you? It's ok, the word won't turn you into a commie. The rest of the world uses it to describe us, you can too.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    23. Re:Allegations that defy reality by daveschroeder · · Score: 1

      Actually, I use "US Person" because it has a very specific meaning as it pertains to US intelligence activities.

      Who is considered a U.S. Person?

      Federal law and executive order define a U.S. Person as:

      - a citizen of the United States;
      - an alien lawfully admitted for permanent residence;
      - an unincorporated association with a substantial number of members who are citizens of the U.S. or are aliens lawfully admitted for permanent residence; or
      - a corporation that is incorporated in the U.S.

      In other words, US Person is a lot broader than just saying "American".

    24. Re:Allegations that defy reality by AHuxley · · Score: 1

      The term "dossier" on all Americans could be seen as an East bloc paper folder with a number on a page linking it to a box full of audio tapes.
      The US gets past this legal and useless concept with a constant self healing realtime database.
      Dragnet-spying on ALL Americans is very legal and very easy. You see who called outside the USA or got a call from outside the USA. Then you compare the numbers used and voice prints.
      No dossier is created, just a fast passive random, non identifying search.
      If the number, voice print or words mentioned are flagged, more action is taken. If not the numbers are kept but not the call.
      Legal protections are often only good for the call payload. The legal idea of a trap and trace (routing information) gets around that.
      What Canada, Australia, the UK can do to the cheap long loops of US telco cables and sat links is a given.
      The US has its new Fusion centers. Data is getting looked at by States, security cleared contractors.
      They have systems to sell, budgets to fund with local good news stories, new drones to fly, fast boats to equip, new federal armour with V hulls to drive and body armour to use.
      The NSA skill set and vision is getting cheaper, legal and very local.

      --
      Domestic spying is now "Benign Information Gathering"
    25. Re:Allegations that defy reality by daveschroeder · · Score: 1

      The trouble is the mistaken and misguided belief that if there has ever been an example of abuse, or a mistake, then ALL activity MUST be abuse.

      I don't think anyone's saying that. The point is that it is not sufficient to say 'we will not abuse this' or 'we do not abuse this', you have to be able to say 'we cannot abuse this'. So it only takes one example of abuse to show that's not the case and the system should be scrapped.

      Are you serious?

      ANY government capability can be abused. Therefore, they should all be scrapped.

      Really?

      To even have the capability to pick out a single foreign communication from the sea of traffic necessitates, well, having the capability to pick out a single foreign communication from the sea of traffic.

      An human intelligence operative can illegally surveil an American. I.e., that have that physical capability...does that mean the CIA and human intelligence operations shouldn't exist?

      That's what's wrong with this whole line of thinking: saying, "but, the system could be abused...that's the point...therefore it shouldn't exist." Wrong. Everything can be abused, and the only thing that stops it is our imperfect system of law and oversight.

    26. Re:Allegations that defy reality by backwardsposter · · Score: 2

      Yeah, because the USA is the only country who spies on foreigners.

    27. Re:Allegations that defy reality by Anonymous Coward · · Score: 0

      Trust us. We know what's good for you.

    28. Re:Allegations that defy reality by Johann+Lau · · Score: 1

      So?

    29. Re:Allegations that defy reality by Anonymous Coward · · Score: 0

      If an alien person (legally) resides inside the USA's borders, he is protected in the same ways that a US citizen is.

    30. Re:Allegations that defy reality by Hatta · · Score: 4, Insightful

      Basically what you're saying is, you'd prefer to believe, without proof, allegations that the NSA is illegally dragnet-spying on ALL Americans,

      As a technical matter, how does the wiretap apparatus distinguish American packets from foreign packets without reading the American packets?

      Claiming that you can listen to foreigners without also listening to Americans is so technically implausible it's ludicrous on its face.

      And we exist in a political culture that distrusts two things most of all: power and secrecy.

      That you can even claim this with a straight face is proof that you are completely disingenouous. We have the most powerful, and most secretive government the United States has ever had. And there is ZERO political momentum in the other direction.

      --
      Give me Classic Slashdot or give me death!
    31. Re:Allegations that defy reality by drerwk · · Score: 3, Informative

      ...The constitution mentions god-given, inalienable rights. Those are by definition held by everybody, or nobody. You play "yes, but" games with it, you loose the whole thing...

      Can you point to where the Constitution mentions God? I'm not recalling the mention. The Constitution: The first sentence of the constitution begins with "We the people of the United States...establish this Constitution for the United States of America.". The fourth amendment says, "The right of the people to be secure in their persons, houses, papers, and effects...". In both cases it is the same people being referred to; the citizens of the United States. I don't think that the Constitution says much of anything about foreign people or non-citizens, but I'm happy to hear your counter argument.

      The Declaration of Independence of the Thirteen Colonies:... We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. --That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed...

      The Constitution of the United Sates and The Declaration of Independence of the Thirteen Colonies are not the same document.

    32. Re:Allegations that defy reality by CheesyMoo · · Score: 0

      You're missing the point Scully, I don't need proof of the monitoring. I want to believe.

    33. Re:Allegations that defy reality by ThatsMyNick · · Score: 1

      Well, it is difficult to classify people online as American and Non-American. So it is easier to keep a doiser on everyone, including all Americans.

    34. Re:Allegations that defy reality by Johann+Lau · · Score: 1

      You're right, I mixed those two up. That's kind of a bummer :( I guess that means as long as the people go along with it, *everything* is fine.

      But still... if you, for whatever reason, consider yourself worthy of, uhm, a certain dignity, then why not extend that to others, regardless of how their own government treats them? Fuck a legal mandate, I'm talking about being able to look into the mirror. If the constitution doesn't cover that, that just means it's mediocre -- so if it's based on the people, make a better one. Until then I'm bitching :P

    35. Re:Allegations that defy reality by Anonymous Coward · · Score: 0

      Foreigners don't get the full civil rights of the United States because they don't have the full civil responsibilities.

    36. Re:Allegations that defy reality by Anonymous Coward · · Score: 0

      Do the trench-coated draconian governmental thugs poop secret dossiers in your world...?

      See how that can work either way and how ridiculous that argument is now? You're welcome.

    37. Re:Allegations that defy reality by Joce640k · · Score: 1

      Dear Anon: I've got history on my side. Thanks for playing.

      --
      No sig today...
    38. Re:Allegations that defy reality by DeadCatX2 · · Score: 1

      It's hard to take you seriously with such a blatant strawman like this. No one is saying all activity must be abuse.

      What we're saying is that abuse *will* happen, guaranteed. Look only to the origins of the FISA legislation and the Church committee for proof that our government will build dossiers on Americans for performing constitutionally protected activities.

      We need oversight. Oversight like...I dunno...warrants? Because clearly oversight isn't working now, otherwise we wouldn't have Sen. Wyden claiming that "if only the US public knew how the US government was interpreting legislation, but we can't tell you because it's classified".

      More importantly, we need punishment. When (not if) abuse is found, the individuals who abused those powers needs to be PUBLICLY tarred and feathered and thrown into prison for a long time. Not only the low-level operators, but EVERYONE involved in the operation. If you knew your ass was on the line if your co-worker abused these powers, you would turn him in if you knew about it. None of this "thin blue line" shit.

      If you really believed the NSA was as good as you claim they are, you would support oversight and accountability, instead of trying to persuade people with what amounts to propaganda that the NSA is really a bunch of good guys and we have nothing to worry about.

      --
      :(){ :|:& };:
    39. Re:Allegations that defy reality by Johann+Lau · · Score: 1

      http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1302&context=facpub (PDF)

      I'm going to quote a long chunk from that, but the point is at the end, so you may want to skip to that.

      Are foreign nationals entitled only to reduced rights and freedoms? The difficulty of the question is reflected in the deeply ambivalent approach of the Supreme Court, an ambivalence matched only by the alternately xenophobic and xenophilic attitude of the American public toward immigrants. On the one hand, the Court has insisted for more than a century that foreign nationals living among us are "persons" within the meaning of the Constitution, and are protected by those rights that the Constitution does not expressly reserve to citizens. Because the Constitution expressly limits to citizens only the rights to vote and to run for federal elective office, equality between non-nationals and citizens would appear to be the constitutional rule.

      On the other hand, the Court has permitted foreign nationals to be excluded and expelled because of their race. It has allowed them to be deported for political associations that were entirely lawful at the time they were engaged in? It has upheld laws barring foreign nationals from owning land, even where the laws were a transparent cover for anti-Japanese racism. It has permitted the indefinite detention of "arriving aliens" stopped at the border on the basis of secret evidence that they could not confront. And it has allowed states to bar otherwise qualified foreign nationals from employment as public school teachers and police officers, based solely on their status as foreigners.

      Given this record, it is not surprising that many members of the general public presume that noncitizens do not deserve the same rights as citizens. But the presumption is wrong in many more respects than it is right. While some distinctions between foreign nationals and citizens are normatively justified and consistent with constitutional and international law, most are not. The significance of the citizen/noncitizen distinction is more often presumed than carefully examined. Upon examination, there is far less to the distinction than commonly thought. In particular, foreign nationals are generally entitled to the equal protection of the laws, to political freedoms of speech and association, and to due process requirements of fair procedure where their lives, liberty, or property are at stake.

      1. ALIENS, CITIZENS, AND CONSTITUTIONAL RIGHTS

      The Constitution does distinguish in some respects between the rights of citizens and noncitizens: the right not to be discriminatorily denied the vote and the right to run for federal elective office are expressly restricted to citizens. All other rights, however, are written without such a limitation. The Fifth and Fourteenth Amendment due process and equal protection guarantees extend to all "persons." The rights attaching to criminal trials, including the right to a public trial, a trial by jury, the assistance of a lawyer, and the right to confront adverse witnesses, all apply to "the accused." And both the First Amendment's protections of political and religious freedoms and the Fourth Amendment's protection of privacy and liberty apply to "the people."

      The fact that the Framers chose to limit to citizens only the rights to vote and to run for federal office is one indication that they did not intend other constitutional rights to be so limited.

      Accordingly, the Supreme Court has squarely stated that neither the First Amendment nor the Fifth Amendment "acknowledges any distinction between citizens and resident aliens." For more than a century, the Court has recognized that the Equal Protection Clause is "universal in [its] application, to all persons within the territorial jurisdiction, without regard to differences of ...
      nationality."

      The Court has repeatedly stated th

    40. Re:Allegations that defy reality by Johann+Lau · · Score: 1

      Hey wait, I found something.. what doth thou say to this?

      http://slashdot.org/comments.pl?sid=3012981&cid=40819945

    41. Re:Allegations that defy reality by s.petry · · Score: 3, Insightful

      Okay, lets work with your assumption that NSA are just a bunch of "Good guys". We have the DOJ and ATF which sell guns illegally to drug gangs in Mexico, costing at least hundreds of innocent lives. We have the GSA, FEMA, and CIA framing people in the US that question the current establishment or bring up issues with accountability. Then we have the DOD which is authorizing and committing assassinations at the Presidents request. We have the DEA and ATF raiding legal establishments(CA Medical Marijuana, Organic Produce/Farms), and ignoring real crimes. We have a Fed that refuses to close borders and allows illegal entry in to the country, and usurps the States right to defend itself. We have the CIA and DOD facilitating revolts in the Middle East, and openly advocating that they are. We have CIA puppet companies creating propaganda (Kony 2012). We have laws being passed with clearly harmful passages (HB 1540) that deny the Constitution. Hell I could do this all day..

      Then we have a Media that reports nothing. Then we have private companies that commit illegal acts and receive no punishment. We have a Supreme court that stated that "Corporations are People" and "News is not News, it's Entertainment" so there is no need to tell people the truth, States have no rights, and refuses to hear a case on "Idea Patents".

      Do you see how even if this one little thing about the NSA being "good guys" is true, the point is moot? The whole system is currently fucking haywire. Even if they are "good guys" their work is being used by the "bad guys" that currently have the US tilted nearly upside down.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    42. Re:Allegations that defy reality by drerwk · · Score: 1

      There you have it. I would argue that when you fuck about with people digitally, you're basically right next to them. You're putting them on US territory, by listening in on them from the US, and more importantly by saving their communications there. Where their body resides, does it really matter? They're not "secure in their papers" anymore, are they, and to assume they're guilty until proven innocent does seem to be built on sand, too.

      Where the body is, seems to me rather more important than where the bits are; I completely disagree that one is bringing a person into the United States by listening to correspondence from within the United States. The reciprocal argument is that we are putting the listener next to the person having the conversation, which is a foreign territory and hence again not subject to Constitutional consideration outside the agreements that our government makes with the foreign government.

    43. Re:Allegations that defy reality by Johann+Lau · · Score: 1

      The thing about the "on US soil" stuff is that it was written in a time where you couldn't affect people across the globe easily. Since that changed, the respective bits have to be read with those special cases in mind. That's the spirit of it, as far as I can tell.

      which is a foreign territory and hence again not subject to Constitutional consideration outside the agreements that our government makes with the foreign government.

      As the pdf I posted points out, that's just a flat out incorrect, yet commonly held assumption. A lot of things in the constitution apply to all people regardless of nationality.

    44. Re:Allegations that defy reality by drerwk · · Score: 1
      From the document you reference:

      The Court has repeatedly stated that "the Due Process Clause applies to all 'persons' within the United States, including aliens, whether their presence here is lawful, unlawful, temporary, or permanent."

      my bold. If some people outside of the United States want constitutional protections, they can write one, and they can start with a Declaration of Independence - likely followed by a civil war of some size or another. You will have to search pretty far for any constitutional scholar that thinks the constitution applies on foreign soil, and only perhaps half the SCOTUS takes the view that one should do 'sprit of' vs traditional reading of the text.

    45. Re:Allegations that defy reality by kilfarsnar · · Score: 1

      The ridiculousness here is that anyone believes that NSA actually has a "dossier" on all Americans — or even cares about Americans at all, given that its sole purpose for existence is foreign signals intelligence as exponentially increasing amounts of foreign traffic travel through networks, systems, and infrastructure on US soil. All of those foreign linguists must be for illegally spying on Americans!

      You already posted this. You are trying too hard and protesting too much. If you really belive this, get your head out of your ass and the red-white-and-blue dick out of your mouth. I'm not buying it.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    46. Re:Allegations that defy reality by kilfarsnar · · Score: 1

      To repeat myself:

      The trouble is the mistaken and misguided belief that if there has ever been an example of abuse, or a mistake, then ALL activity MUST be abuse.

      When you see one cockroach, there are a lot more you don't see. This is a secretive organization that is able to hide its activities. Considering what we know of power and secrecy, assuming the worst is the most sensible course of action.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    47. Re:Allegations that defy reality by Anonymous Coward · · Score: 0

      An human intelligence operative can illegally surveil an American. I.e., that have that physical capability...does that mean the CIA and human intelligence operations shouldn't exist?

      Don't tempt me...

    48. Re:Allegations that defy reality by Johann+Lau · · Score: 1

      You will have to search pretty far for any constitutional scholar that thinks the constitution applies on foreign soil, and only perhaps half the SCOTUS takes the view that one should do 'sprit of' vs traditional reading of the text.

      Well yeah, I noticed something has to be off. Prolly a nest somewhere.

    49. Re:Allegations that defy reality by Anonymous Coward · · Score: 0

      You keep harping on the comments that say the system should be scrapped but seem to either be ignoring or are somehow unable to find the calls for proper oversight in the sea of noise.

      Let me say that again so the signal is not lost in the noise:

      Power without proper oversight should never be placed in the hands of government.

    50. Re:Allegations that defy reality by Anonymous Coward · · Score: 0

      The 14th amendment insists that: "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"

      In other words, if I'm in (say) Florida, I'm entitled to all the same legal protections as anyone else in Florida, regardless of my own citizenship.

      If you can spy on foreigners in America, there is no basis for not spying on Americans in America.

      After all, they kill far more Americans than foreigners do.

    51. Re:Allegations that defy reality by daveschroeder · · Score: 1

      As a technical matter, how does the wiretap apparatus distinguish American packets from foreign packets without reading the American packets?

      Actually I discussed just this issue:

      You're mistaking capability with intent and action: that if NSA has the "capability" to do something, it must be doing it unless it can be proven otherwise (which is impossible, given the need to keep intelligence sources, methods, techniques, and capabilities secret). By that logic, all NSA's listening posts around the world and on Navy ships that have the capability to intercept traffic of US Persons, and all US intelligence operations which the capability to target US Persons, must be doing so, because they are physically capable of it.

      The distinction isn't made in our capabilities. A gun can just as easily kill a friend as an enemy. The distinction about what is acceptable and lawful versus what isn't is made in the law. You choose to believe any level of access NSA has to US networks must be used to spy on Americans, and ignore the fact that the exact same equipment and infrastructure is required to lawfully target individual foreign communications within the United States, not to mention executing USCYBERCOM's mission to defend US military networks from attack.

      Claiming that you can listen to foreigners without also listening to Americans is so technically implausible it's ludicrous on its face.

      Where did I make that claim? In fact, not only did I not make this claim, I have a number of times indicated that a hypothetical capability which can target communications of non-US Persons traveling to, from, or within US networks and systems REQUIRES exactly what General Hayden spoke of:

      Gone were the days when signals of interest -- that's what NSA calls the things they want to copy -- gone were the days when signals of interest went along some dedicated microwave link between strategic rocket forces headquarters in Moscow and some ICBM in western Siberia. By the late '90s, what NSA calls targeted communications -- things like al Qaeda communications -- coexisted out there in a great global web with your phone calls and my e-mails. NSA needed the power to pick out the one, and the discipline to leave the others alone.

      I'm not arguing it's not possible to abuse it, because I'm not an idiot. What I'm arguing, essentially, is that EVERY government capability or power can be abused. Every. Single. One. So the end result of what you're saying is that NSA should not even have the capability to look at foreign traffic (which is and always has been fair game without a warrant*) within the US, because that capability could be abused. I would say that is an approach that puts the United States at a disadvantage to our adversaries that is almost difficult to imagine.

      And we exist in a political culture that distrusts two things most of all: power and secrecy.

      That you can even claim this with a straight face is proof that you are completely disingenouous. We have the most powerful, and most secretive government the United States has ever had. And there is ZERO political momentum in the other direction.

      I didn't say that...that's part of General Hayden's remarks. But I do agree with it, so:

      Are you actually being serious? I mean, really?

      We know far more, in far more detail, and far more quickly, about the activities of government than at any other time in our nation's history, and in the history of humanity, and that trend is not reversing. Since I know you're a thoughtful and intelligent person, I am literally stunned and flabbergasted that you cannot see this.

      * Before the stopgap Protect America Act of 2007 (PAA) and the FISA Amendments Act of 2008 (FAA), the IC assumed anyone within the US was a US Person, even if they weren't, and assumed anyone outside the US was fair game

    52. Re:Allegations that defy reality by Hatta · · Score: 1

      All those words and you didn't answer a simple technical question. We can agree that it's illegal for the NSA to read the communications of an American citizen, even an American citizen abroad. When the NSA is filtering internet traffic, how does it know which packets to discard without reading them first?

      Claiming that you can listen to foreigners without also listening to Americans is so technically implausible it's ludicrous on its face.

      Where did I make that claim?

      When you claimed that 1) it was illegal for the NSA to listen to the communications of American citizens. and 2) that the NSA obeyed the law. From that, we can deduce that the NSA does not listen to the communications of American citizens. But we know that the NSA does listen to the communications of foreigners.

      Therefore simple logic tells us that the NSA has a magical device that can distinguish the nationality of the sender of packets without reading them. That, or we are being lied to. Which is it?

      We know far more, in far more detail, and far more quickly, about the activities of government than at any other time in our nation's history, and in the history of humanity, and that trend is not reversing. Since I know you're a thoughtful and intelligent person, I am literally stunned and flabbergasted that you cannot see this.

      Yeah, this guy would tend to agree with you.

      --
      Give me Classic Slashdot or give me death!
    53. Re:Allegations that defy reality by daveschroeder · · Score: 1

      All those words and you didn't answer a simple technical question. We can agree that it's illegal for the NSA to read the communications of an American citizen, even an American citizen abroad. When the NSA is filtering internet traffic, how does it know which packets to discard without reading them first?

      I answered it -- many times in many of my responses on this and similar topics -- you just choose not to accept it.

      It is prohibited to read the CONTENTS of the communications of a US Person anywhere on the globe without a warrant.

      Traffic METADATA -- i.e. envelope information such as source and destination IP addresses, email addresses, phone numbers, etc. -- may be examined without a warrant. This is not new, or "post-9/11" -- this has been the case for several decades.

      Foreign traffic is TARGETED -- that is, a determination is made that a particular traffic identifier belongs to an intelligence target, and that target has been determined to not be a US Person. Note that the process of determining that someone is not a US Person does NOT require the equivalent oversight of a warrant, because that would defeat the entire fact that collecting such traffic, well, does not require a warrant. Note further that this is also not a new or "post-9/11" construct. What is new is being able to also target traffic of non-US Persons in the digital realm on networks and infrastructure within the United States.

      When you claimed that 1) it was illegal for the NSA to listen to the communications of American citizens. and 2) that the NSA obeyed the law. From that, we can deduce that the NSA does not listen to the communications of American citizens. But we know that the NSA does listen to the communications of foreigners.

      Therefore simple logic tells us that the NSA has a magical device that can distinguish the nationality of the sender of packets without reading them. That, or we are being lied to. Which is it?

      Neither.

      The Intelligence Community can and does develop unique identifiers that are associated with FOREIGN targets.

      NSA can target foreign traffic by looking at the traffic metadata in order to match with these known unique identifiers associated with that foreign target, and also using complex, long-established, and well-understood, but admittedly still imperfect, procedures which aid a determination that traffic may be associated with a US Person, and also long-held rules which require immediate mitigation and minimization if traffic CONTENT belonging to a US Person is inappropriately collected.

      Having a capability != must be using that capability. This is the part you can't accept, even thought the law and peoples' own honor and dedication to that law is often the only thing that prevents abuse.

      I understand that you don't believe this is what's happening, and because it can't be definitively proven to you that it isn't happening, you will instead choose to assume NSA is illegally spying on all Americans.

      As to your last comment, you're deluded if you don't realize that we know more about the activities of government in free societies than we ever have at any point in history.

  6. Disqualified by Anonymous Coward · · Score: 0

    A former NSA official has accused the NSA’s director of deception during a speech he gave at the DefCon hacker conference on Friday when he asserted that the agency does not collect files on Americans.

    Note "former" in bold.

    Assuming the general is telling the truth, policies and laws do change. Unless the general somehow has some sort of secret contact in the NSA that is giving him information illegally. Is that what the general is saying? That he is getting insider information illegally?

    1. Re:Disqualified by stanlyb · · Score: 1

      Your point is what? Because he is former he does not now anything???
      ROFL
      Let me repeat:
      R.O.F.L.

    2. Re:Disqualified by Johann+Lau · · Score: 1

      Awww. Now isn't that mighty convenient. Then who is allowed to talk about it? Those who do the dirt, but and don't mind doing it? They will never speak up, by definition. And those who did the dirt, but then suddenly grew a conscience, will get fired for speaking out. So they will never be "qualified" according to your cute little rule either.

      Unless the general somehow has some sort of secret contact in the NSA that is giving him information illegally. Is that what the general is saying? That he is getting insider information illegally?

      So even if it's true, you would rather look the other way and see the guy punished for breaking a law that isn't worth shit with such abuses going on? Is that what you're saying? That you're a good little Nazi, just not brave enough to put your name to it? And in what kind of bizarro world does anything bootlickers think or say ever amount to shit? Nowhere, not even in fiction. Your post is another perfect example of that. Fuck outta here.

  7. When? by Eightbitgnosis · · Score: 5, Insightful

    9/11/2001

    1. Re:When? by Anonymous Coward · · Score: 0

      Actually the US Patriot Act was written before then. All that was needed was the trigger - which was actually the anthrax attacks against selected journalists and politicians - for the coup to occur.

    2. Re:When? by Mabhatter · · Score: 1

      The "Red Scare"....

      The FBI was doing this LONG ago... And when they had to physically send agents and type reports. The stuff McAurthy and J Edgar pulled was never really made illegal... All that information was never pulled out and DESTROYED... Congress just asked nicely for them to stop doing that.

  8. Where's my T-Shirt? by o_ferguson · · Score: 5, Funny

    I spotted the fed!

    --
    - In Soviet Korea, only old people loose all their bases to Natalie Portman's petrified hot grits overlords.
    1. Re:Where's my T-Shirt? by Anonymous Coward · · Score: 1

      I would use Bitcoins to buy you that T-shirt, but I was robbed by Wall Street.

      The USA government is in the process of constructing a massive data collection & storage facility in Utah to handle the data traffic that they are acquiring illegally from USA citizens domestically.

      (I took off the rose-colored glasses in exchange for some cool shades, and I can see.)

  9. Even if it doesnt spy internally by antifoidulus · · Score: 2

    His whole insinuation is wrong, does he not realize that Americans do in fact live abroad? As such, even if we accept their position that they don't do any spying on domestic communications(which is hard to swallow to start with), I can guarantee that a lot of US citizens' communications still get caught in their net. Especially considering that Americans living abroad are much more likely to contact the US from abroad than basically anyone else, I am sure people like me who live overseas trip all sorts of traps.....

    But then again, top Republicans have called us "traitors" in the past, I guess they have no problem shitting all over our rights since we left the "land of the free".

    1. Re:Even if it doesnt spy internally by Anonymous Coward · · Score: 0

      From above: "Now an individual warrant is required to target a US Person anywhere on the globe"

  10. They think they can get away with it by hlavac · · Score: 1

    They probably think they can get away with it, because it's not their employees collecting the information, it's their computers/software that is doing it. They collect all the information, they just "don't look at it". When someone is flagged, they have years and years of pre-recorded surveillance on him and everyone he has ever communicated with. Very convenient right? How is that not a dragnet?

  11. Indeed it is a crime. by daveschroeder · · Score: 5, Informative

    Yes, you're 100% correct. The FISA Amendments Act of 2008 is stricter than previous law. It is expressly prohibited to target, collect, store, analyze, or disseminate the communications content of US Persons without a warrant.

    Your mistake is, apparently, believing that it's happening without any sort of proof.

    What we have done is shifted the notion of who is or isn't a US Person from the a place to a person.

    Before 9/11, we assumed anyone — or any traffic — inside the US was a US Person, and that anyone outside the US was fair game. After 9/11, and with the increasing levels of foreign traffic traveling over the internet instead of walkie-talkies in foreign countries, the IC, and NSA in particular, was in the difficult position of needing to target traffic within the US. A series of secret orders and stopgap legislation (like the temporary Protect America Act) supported this.

    The FISA Amendments Act of 2008 completely changes the pre-9/11 paradigm. Now an individual warrant is required to target a US Person anywhere on the globe, while foreign targets — even within the US — explicitly do NOT require a warrant. Foreign targets outside the US have never required a warrant, and shouldn't just because they or their traffic enter the US.

    Right now, this very second, government and law enforcement have all sorts of powers they can abuse, and they have since the founding of our nation. At the same time, intelligence operations require secrecy in order to be successful. Sun Tzu said this millennia ago, long before any construct of the US, much less the West, ever existed. Yet, instead of actually becoming informed about the purpose and function of our foreign intelligence activities, people choose to believe that our government is on a singular mission to spy on Americans illegally.

    If anyone claims to care about this topic at all:

    1. Read my other comment on this story
    2. Read former NSA and CIA director General Michael Hayden's 2006 remarks on this topic at the National Press Club (if you do nothing else, just read this)
    3. Watch this months-old National Geographic Documentary on NSA
    4. Ask yourself if it really makes sense that hundreds, if not thousands, of professional civilian and military members of our government have so little regard for their fellow citizens that they are systematically violating both the letter and spirit of law and the Constitution, not just once or twice or a handful of times, but every single day, with respect to every single American — when NSA's primary purpose and reason for being is FOREIGN signals intelligence — while utterly ignoring the legitimate complexity and challenges of targeting foreign traffic, in real time, on equipment and networks within the United States.

    1. Re:Indeed it is a crime. by dywolf · · Score: 1

      I dont believe most of them have any disregard for us.

      I do believe most of them are just cogs in the system plugging at their jobs like their told. "Just a paycheck".

      And I do beleive cetain high ranking powerful individuals do have blatant disregard for us, and they are responsible for spinning the wheels those cogs are attached to.

      --
      The guy who said the election was rigged won the presidency with the second-most votes.
    2. Re:Indeed it is a crime. by DCFusor · · Score: 1

      Gov pay you much for this astroturfing? I used to work in the 3 letter agencies, and I've seen dossiers. Nuff said. I've even seen the outside of mine, due to a mis-informed bunch of crap the .gov pulled on me...till they pulled it and rediscovered who I am and what I used to do - for them. I call total, utter BS.

      --
      Why guess when you can know? Measure!
    3. Re:Indeed it is a crime. by keithltaylor · · Score: 2

      your explanations are compelling, but since 95% of your comments are cut and pasted from your comments posted to TFA , it kinda makes you sound like youre on a PR mission. And that makes my tin foil hat vibrate.

    4. Re:Indeed it is a crime. by Anonymous Coward · · Score: 2, Interesting

      Does it make sense that hundreds or thousands of professionals would have so little respect for their fellow citizens that they would systematically violate the letter and spirit of the Constitution? Does it matter that the purpose of the agency is specifically foreign signals intelligence?

      Perhaps. The people who believe that such a program is going on are the people who have seen what atrocities were wrought in our name - by equally professional members of the military and of the US civil government - in places like Abu Ghraib, Guantanamo, and a number of "black sites." These atrocities stained the reputation of our once-professional military, Worse still has been the rationalization that they were lawful. The are claimed to be lawful because they were perpetrated on people who were not US citizens: where does our constitution limit its guarantees to citizens, other than in the public sphere such as voting and jury service?) They ar claimed to be lawful because they were perpetrated on "unlawful" combatants: often times, the combatants who did not enjoy the aegis of some givernment were operating in a nation without a functioning civil government. They are claimed to be lawful because of urgent necessity: without perceived urgent necessity, there would never be a temptation to violate rights; if the Constitution fails to guarantee rights against urgent necessity, the rights are meaningless.

      The critics see a danger of the same rationalizations infecting the signals intelligence community. The requirement of a warrant is easily satisfied: we already have a secret court that grants warrants ex parte, keeps no public record of its actions, and will not notify subjects, even after the fact, that they were targets of its warrants. For all we know, it has already granted blanket writs of assistance to seize data on all customers of a given carrier. The critics see themselves as being asked to trust an organization that cannot operate under the light of day and has little meaningful oversight even at the highest levels of governmnet: even ordinary Representatives and Senators, not members of select committees, cannot investigate it - even though they supposedly hold the power of the purse over it. The critics see what else has been done in secret in the name of the United States, and wonder.

      Moreover, rationalizations for emasculating the Constitution are heard daily in the public arena. We mutely accept warrantless and suspicionless searches as a condition of access to government buildings - surrendering the Fourth Amendment's protections as a condition of exercising our First Amendement freedom of petition. We accept gag orders on civilians who have no part in an investigation, merely because the Government wants to have their records in secret. We hear members of the press and otherwise respected politicians making remarks like, "if people want Constitutional rights, they shouldn't support terrorism!" regarding people who have been convicted of no crime. It would not surprise me if a large fraction of our secret workers are already conditioned to believe that the targets of their surveillance are not "real" citizens because of their [suspected] sympathies and therefore enjoy no Constitutional protections, or at the very least that their agencies operate under some sort of legal exemption from Constitutional prohibitions.

      We accept all this because our society labors under existential threats. We are surrounded at every turn by mortal enemies, and can defend ourselves against them only by surrendering what we are. We are at war, and must accept the necessities of that war. Moreover, the war is perpetual. It will never be won - because a nameless, faceless enemy can never be vanquished. We must continue forever our descent into an armed camp. Our only choices are to trust our warlords, or to await their defeat and hope that our enemies will be more benevolent than our friends. And that is the strident debate we hear in the political realm: the party of oppression debating the party of surrender.

      Where is the party of victory?

      [CAPTCHA: 'guards.' Et quis cvstodiet ipsos custodes?]

    5. Re:Indeed it is a crime. by Anonymous Coward · · Score: 1

      Your mistake is, apparently, believing that it's happening without any sort of proof.

      But how can we know that it's not happening if every time someone tries to take the NSA to account they pull out a "national security" card and refuse to give us even a shred of proof to allay our fears?

      The bits and pieces of information we have is limited and may not paint an entirely complete and accurate picture, but what we do know about them is troubling. This coupled with our government's rather poor record on civil rights makes most of us here take a lot of pause. How can we give our own government the benefit of the doubt right now?

      The mere existence of laws that says that they're not supposed to be doing these things doesn't mean much to me honestly. The government likes to parse words and split hairs over these laws to try to justify things. The government uses technicalities and clever word parsing to justify torture of "enemy combatants" and the killing of American citizens without due process.

      As for your #4: Most people in power probably believes they are doing the right thing for the rest of us. Further, most of the underlings don't really understand what is going on in the upper echelons of power so I'd be hesitant to assign them any malice. So I think it makes perfect sense that such allegations can be true; all it takes is a highly intense sense of duty and patriotism, one that is so intense that they believe that it's okay to violate the Constitution if it's done for what they believe to be a noble cause.

    6. Re:Indeed it is a crime. by Anonymous Coward · · Score: 1

      people choose to believe that our government is on a singular mission to spy on Americans illegally..... Ask yourself if it really makes sense that hundreds, if not thousands, of professional civilian and military members of our government have so little regard for their fellow citizens that they are systematically violating both the letter and spirit of law and the Constitution

      You've repeatedly pasting this strawman into the thread, Dave, and while some people have been baited into thinking they need to establish that the USG has impure motives, this isn't a question of motives. It is a question of modalities. The USG is not on a "singular mission" to spy on Americans. The NSA is on a mission to spy on bad guys. The problem is that a vacuum-cleaner approach to SIGINT doesn't discriminate between us and them.

      If NSA weren't collecting information on Americans, they wouldn't need minimization procedures. But they have them. They whole "dossier" thing is red herring. You don't need dossiers when you can simply query a database. Google doesn't have a "dossier" on Binney, but I can still query Google's database about him and get tons of (publicly available) information. The USG arguments aren't that queries to their databases about Americans return no results. Their arguments are that they don't do queries about Americans. And frankly, it should be obvious why that makes people uncomfortable.

    7. Re:Indeed it is a crime. by daveschroeder · · Score: 2

      Well, they're just as relevant, since it's the same article, and the same topic, and just wrote them yesterday.

    8. Re:Indeed it is a crime. by jcr · · Score: 2

      The fourth amendment doesn't differentiate between American citizens and foreigners. FISA was always unconstitutional.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    9. Re:Indeed it is a crime. by gestalt_n_pepper · · Score: 1

      Does it make sense that hundreds or thousands of professionals would have so little respect for their fellow citizens that they would systematically violate the letter and spirit of the Constitution? Yep, pretty much. See here for quotable examples: http://www.twitter.com/gselevator

      --
      Please do not read this sig. Thank you.
    10. Re:Indeed it is a crime. by drerwk · · Score: 1

      The fourth amendment doesn't differentiate between American citizens and foreigners. FISA was always unconstitutional.

      -jcr

      The meaning seems plain to me. The first sentence of the constitution begins with "We the people of the United States...establish this Constitution for the United States of America.". The fourth amendment says, "The right of the people to be secure in their persons, houses, papers, and effects...". In both cases it is the same people being referred to; the citizens of the United States.
      I don't think that the Constitution says much of anything about foreign people or non-citizens, but I'm happy to hear your counter argument.

    11. Re:Indeed it is a crime. by Hatta · · Score: 2

      Right now, this very second, government and law enforcement have all sorts of powers they can abuse

      Indeed. We should minimize those powers where we can, and apply as much oversight as possible where we can't.

      At the same time, intelligence operations require secrecy in order to be successful. Sun Tzu said this millennia ago,

      Secrecy is an effective tactic against the American people, as well as foreign enemies. Allowing secrecy leaves you vulnerable to the enemy within, who is always the more dangerous enemy.

      Ask yourself if it really makes sense that hundreds, if not thousands, of professional civilian and military members of our government have so little regard for their fellow citizens that they are systematically violating both the letter and spirit of law and the Constitution, not just once or twice or a handful of times, but every single day, with respect to every single American

      Four words: The War On Drugs.

      Yes, it is extremely plausible that not just thousands, but tens or hundreds of thousands are complicit in a wide spread violation of the Constitution. It's been occuring in the open for decades, why would I believe it's not happening in secret?

      --
      Give me Classic Slashdot or give me death!
    12. Re:Indeed it is a crime. by Anonymous Coward · · Score: 0

      >Now an individual warrant is required to target a US Person anywhere on the globe

      Unless they're targetted for ASSASSINATION! Zing!

    13. Re:Indeed it is a crime. by s.petry · · Score: 2

      Being a "cog" as you state does not make their actions "legal". If I pay you to kill someone, and we get caught we both go to Jail correct? So you can claim that they are cogs if you wish, but they are not. They are knowingly and willingly breaking the law, and have every right to refuse illegal orders when provided illegal orders.

      Let me be clear on your next most obvious point: "Fear for their jobs". This is an abuse by the elite that should be legally punished as well. If several of these people stood up to the tyranny, they may all get promoted. Instead, they are intimidated into doing nothing. Read up on your history and find out other places where this occurred with devastating results to the populace, most of which occurred in the last century.

      Complacency must stop, and tolerance for people breaking the law must end. We are on the brink of very bad times, and if people don't wake up and demand changes we have no chance.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    14. Re:Indeed it is a crime. by kilfarsnar · · Score: 1

      4. Ask yourself if it really makes sense that hundreds, if not thousands, of professional civilian and military members of our government have so little regard for their fellow citizens that they are systematically violating both the letter and spirit of law and the Constitution, not just once or twice or a handful of times, but every single day, with respect to every single American — when NSA's primary purpose and reason for being is FOREIGN signals intelligence — while utterly ignoring the legitimate complexity and challenges of targeting foreign traffic, in real time, on equipment and networks within the United States.

      Yes, it makes perfect sense. Those hundreds or thousands of people are doing their jobs and following orders. Deciding whether their actions are within the spirit and letter of the law is quite beyond their pay grade. They simply don't consider whether their actions are legal or not. That's for their superiors to decide.

      We might ask the same question of the CIA. They are bound by law to not operate in the US. Anyone who has been paying the slightest bit of attention knows that they operate inside the US all the time. How can it be that all those agents don't consider whether what they are doing is legal or not? Because that's not their job. And if they start doing jobs that aren't theirs, they will lose the one that is, or worse.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    15. Re:Indeed it is a crime. by rastoboy29 · · Score: 1

      Have you met people?

    16. Re:Indeed it is a crime. by Anonymous Coward · · Score: 0

      Bullshit. If that were really your story, you'd know better than to post it.

    17. Re:Indeed it is a crime. by Anonymous Coward · · Score: 0

      people choose to believe that our government is on a singular mission to spy on Americans illegally.

      No I don't choose to believe. I watched the NSA install 2 Narrus boxes in a data center here in Atlanta when Yahoo took over email for ATT. Yahoo put in three rows of cabinets to expand their email services for ATT then the NSA came in and installed two cabinets with their equipment and a Camera to watch their shit.

      You said "and with the increasing levels of foreign traffic traveling over the internet instead of walkie-talkies in foreign countries, the IC, and NSA in particular, was in the difficult position of needing to target traffic within the US" Now tell me really how much foreign traffic in going though that DC in Atlanta??? These servers are for customers in the Southeast. These are serving DOMESTIC CUSTOMERS!

      Sorry friend but we are being blanket spied on by our own government. I've seen it with my own eyes.

      Yes I write this as Anonymous Coward because I am scared.

  12. Washingtonese by todfm · · Score: 1

    Word game == lying

  13. What about Smith? by TheCrig · · Score: 1

    Binney says one thing. What does Smith say? I bet it's colorful.

    --
    -- Jim Crigler In 1937, I began, like Lazarus, the impossible return. -- Whittaker Chambers
  14. they're just dumping com logs. by gl4ss · · Score: 1

    ..and have a search for that.

    that's the word games played, they don't have a file, but can create one on demand.

    --
    world was created 5 seconds before this post as it is.
  15. Illegal Shmegal by FriendlyLurker · · Score: 5, Informative

    Technicalities like you are pointing out are certainly little more than a poor cover for breaking our own laws. As I just pointed out in this thread, these people (as in NSA, financial and political elites, MIC etc) are no longer held accountable to the law of the land. The dont care that they are violating the fourth amendment, technicality or not... there are no repercussions for their illegal actions (other than some wining in some online forums and twitter - with no political consequences even for that).

    The past decade has witnessed the most severe crimes imaginable by political and financial elites: the construction of a worldwide torture regime, domestic spying perpetrated jointly by the government and the telecom industry without the warrants required by the criminal law, an aggressive war waged on another country that killed hundreds of thousands of people, massive financial fraud that came close to collapsing the world economy and which destroyed the economic security of tens of millions, and systematic foreclosure fraud that, by design, bombarded courts with fraudulent documents in order to seize homes without legal entitlement. These are not bad policies or mere immoral acts. They are plainly criminal, and yet – due to the precepts of elite immunity which were first explicitly embraced during Ford’s pardon of Nixon — none of those crimes has produced legal punishments.

    By very stark contrast, ordinary Americans are imprisoned more easily, for longer periods of time, and in greater numbers than any nation on earth. New legal classes of non-persons with no rights have been created over the last decade as well. Thus, over the same four decades that elite immunity has taken hold, the nation — namely,the same elite class that has aggressively vested itself with the right to act with impunity — has resorted to ever more merciless punishment schemes for ordinary Americans and others who are marginalized who, for multiple reasons, have very few defenses when the state targets them for punishment. While being rich and powerful has always been an advantage in the judicial system (and in all other aspects of American life), our political culture has now explicitly renounced the concept of equality of law, and it is thus now unabashedly clear that who you are is far more important than what you do.

    1. Re:Illegal Shmegal by ZosX · · Score: 1

      I agree fully. That's a nice piece of writing, who wrote that?

    2. Re:Illegal Shmegal by Anonymous Coward · · Score: 5, Funny

      Nice try NSA

    3. Re:Illegal Shmegal by Anonymous Coward · · Score: 1

      That's a nice piece of writing, who wrote that?

      Written by one of the best investigative journalists around, check the link provided in GP: "no longer held accountable to the law"

    4. Re:Illegal Shmegal by fustakrakich · · Score: 1

      While being rich and powerful has always been an advantage in the judicial system (and in all other aspects of American life)...

      What, are you saying it's a disadvantage in other places?

      --
      “He’s not deformed, he’s just drunk!”
    5. Re:Illegal Shmegal by gmanterry · · Score: 1

      It's impossible to implement the goals of this government without breaking some old outdated rules that are considered optional in today's enlightened society, like the Constitution. Heck, that was written by a bunch of old guys and isn't relevant in today's world. Ever since it was declared "a living document" so it could be ignored. Also by pushing the war on drugs, the war on terror and the war on freedom the guys in D.C. have managed to explain why we need to bypass the original Constitution because it shackles them from fullfilling their mandate to protect us all from drugs and terror. It's for the children.

      --
      Since when is "public safety" the root password to the Constitution?
    6. Re:Illegal Shmegal by Anonymous Coward · · Score: 0

      [NSA] Just sitting quiet reading this slashdot article.

      "How quaint and other discussion about us."

  16. Am I screwed? (not a US citizen) by blind+biker · · Score: 1

    I would like to visit the US for a scientific conference later this year. On social media, I have piled a lot of criticism on the TSA, on Apple and the lack of universal healthcare in the US.

    With very little stretch, the conclusion that an overzealous NSA employee, or user of the NSA database, could draw is that I am some sort of commie.

    I wonder if I'll be detained when I enter the US. That would be extremely inconvenient.

    --
    "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
    1. Re:Am I screwed? (not a US citizen) by Anonymous Coward · · Score: 4, Funny

      I don't know about your criticism of the TSA or healthcare, but speaking out against Apple is a serious offense.

    2. Re:Am I screwed? (not a US citizen) by Anonymous Coward · · Score: 0

      No one gives a fuck about you

    3. Re:Am I screwed? (not a US citizen) by AHuxley · · Score: 1

      It depends on how your comments where logged.
      New US agencies need massive funding and crave to understand how the world and local US population feel about them.
      So massive daily searches are done to get a realistic understanding of any mention of their 'brand' via blogs, web 2.0.
      If found and your part of the world is friendly with the USA, your telco details might have been passed along.
      Nothing more done. Your request to join a "scientific conference" might trigger a review if your comments where noted.
      Make sure your laptop is new (might be cloned), you have paperwork to directly link "you" to the "scientific conference" with you - printed and very very detailed - in English.
      Test all contact numbers,emails, sites of people hosting you before you arrive. You might be asked to log into your web 2.0 accounts as the interview rooms get smaller and questions more complex.
      Dont bring any books, stickers, logos with you.
      Consulate "visits" may only extend to drop off extra questions, ask realtime questions... dont expect much help form your passport.
      Also expect "random" searches at anytime during your stay.

      --
      Domestic spying is now "Benign Information Gathering"
    4. Re:Am I screwed? (not a US citizen) by cheros · · Score: 1

      Hang on, where is he going? That sounds more like a 3rd world country..

      --
      Insert .sig here. Send no money now. Owner may sue, contents will settle. Batteries not included.
    5. Re:Am I screwed? (not a US citizen) by blind+biker · · Score: 1

      After reading all that, I'm more worried than I was a few hours ago.

      --
      "The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
  17. Word game? by Anonymous Coward · · Score: 0

    That sounds a lot like a "lie." Is that the euphemism we're using these days?

    1. Re:Word game? by Razgorov+Prikazka · · Score: 1

      Obligatory "Yes Minister" reference
      http://www.youtube.com/watch?v=8keZbZL2ero
      You... lied...

      --
      rm -rf --no-preserve-root / ...and let /dev/null sort them out...
  18. I'll wait until political opponents are oppressed by Anonymous Coward · · Score: 0

    Are the police going after rival political parties? The libertarian party and green parties are not being rounded up. Heck, Ron Paul was one of the major Republican candidates. The media and political parties can be quite a pain, as Mrs. Palin found out, but a determined person can run for office. When the feds start rounding up political opponents, then I will worry.

    Frankly, the biggest problem this country faces are foolish voters, and neocons trying to get America involved in expensive wars that do not directly affect America. Unfortunately, many have infiltrated Mitt Romney's campaign.

  19. Push for Secure SMTP by GeneralTurgidson · · Score: 1

    SMTPS needs to be adopted as the replacement for traditional SMTP. The fact that it's not could be coincidental or outside influences. All you'd really have to do is put it in as a requirement for PCI/HIPAA and the majority of big business would be forced to adopt it.

    1. Re:Push for Secure SMTP by The+Barking+Dog · · Score: 2

      Many of those businesses are already required to use TLS, which while not SMTPS, it performs essentially the same role.

  20. Where can I get a find a video to his presentation by Anonymous Coward · · Score: 0

    Where can I get a find a video to his presentation?
    Can't seem to find it anywhere...well anywhere meaning youtube has been a busy

  21. Trust? No I don't trust the NSA by sjbe · · Score: 5, Interesting

    Ask yourself if it really makes sense that hundreds, if not thousands, of professional civilian and military members of our government have so little regard for their fellow citizens that they are systematically violating both the letter and spirit of law and the Constitution

    It very much makes sense. We have fairly severe restrictions on our police forces and they regularly try and often succeed in circumventing them. The FBI has a decades long record of abusing the civil rights of US citizens. Every law enforcement and intelligence agency regularly chaffs against the restrictions placed on their power. Those same "professionals" you cite did nothing while our government condoned torture in clear violation of the spirit and letter of our laws. Why should I believe the NSA is any different? Those restrictions are inconvenient, expensive and it's not as if regular citizens can check their work to ensure they aren't breaking the rules. I believe they have power without sufficient accountability and that is almost certain to result in abuse of that power.

    Trust the NSA? No I don't trust the NSA, it's employees or any other branch of our government and that is the way it should bet. We have checks and balances because we KNOW we cannot trust them. Unchecked power absolutely will be abused. The real question is do we have sufficient oversight from congress or the judiciary? It's not clear that we do.

  22. But what about the Utah Data Center? by daveschroeder · · Score: 2

    Indeed, what about the Utah Data Center?

    After all, the agency that has been the chief codemaker and codebreaker, and now (as USCYBERCOM) also has the responsibility for all defensive and offensive cyber operations, can't possibly have a need for massive computing resources!

    To rehash things I have said recently elsewhere:

    People bring up examples like the Utah Data Center (formally known as the Community Comprehensive National Cybersecurity Initiative Data Center) as "proof" that NSA "must" be collecting information on Americans — what other possible reason would they build a data center in the heart of America? Indeed: why should our own military or government even have bases or offices in our own country? Suspicious, I tell you!

    Explanations like skillful lobbying by Utah politicians, cheap, empty, existing federal land in Utah, or even more pedestrian explanations like cheap power are dismissed. The United States' legitimate cybersecurity and foreign intelligence interests are ignored. No: it must be illegally spying on Americans. Never mind that Binney claimed NSA was already doing this a decade ago — so the Utah Data Center is for what, then, exactly?

    The broader point is that even a cursory examination of what's gone on since 9/11 utterly rejects claims that NSA is "dragnet-wiretapping every American" or "keeping a dossier on every American". Mark Lowenthal said it best: the Intelligence Community has a lot more important things to worry about, and with its gargantuan size and the post-9/11 gravy train the everyone rode, doesn't even have enough resources for those missions. We are YEARS behind in analyzing drone data alone. Yes, yes, let me guess: algorithms and automation will now make analysis moot, and will allow NSA to smoothly and effectively spy on every American illegally.

    And now we have the ridiculous, baseless statement that the Utah Data Center can store "100 years of the world's communications". On what possible basis is that statement even being made? Certainly the secrecy of the Intelligence Community, and past transgressions, invites suspicion and scrutiny. But intelligence requires secrecy, and our adversaries — notably China — are not standing still. This is not a bogeyman argument; it's the simple truth. US investments in defense and intelligence have created the longest period without conflict between major powers in over 500 years. Laugh and scoff at this if you must.

    There are actual threats in the world, and there are governments that do not favor principles of freedom and liberal democracy. There is actual tyranny and oppression in the world. In the broader global and historical context, the US is not even CLOSE to being the bad guys. For all of our faults, the dirty little secret few acknowledge is that national security and intelligence interests transcend politics and Presidential administrations. But NSA and the rest of the IC doesn't exist to serve itself. The IC is responsive to intelligence needs of senior leaders — that is its reason for being. NSA doesn't just "make up" missions, but it does execute the missions it has been assigned.

    As former NSA director General Michael Hayden said, "As a professional, I'm troubled if I'm not using the full authority allowed by law."

    1. Re:But what about the Utah Data Center? by stanlyb · · Score: 1

      The fact that you are years behind analyzing drones of data does not mean that you are years behind analyzing some individuals data......You see the logic, ain't you?

    2. Re:But what about the Utah Data Center? by Anonymous Coward · · Score: 0

      with all undue respect, but you are either an idiot, or government-paid troll. I know people personally, who have been raided by the feds - based on the "target profiling" of their online activities/lifestyle. The thing is, they went on the radar, being backyard scientists, and doing all kinds of funny stuff & research, than your average, statistical, law-abiding sheeple is not supposed to do.

      So explain it to me like I am five years old, mister "play-it-down, anti-paranoia, ultra-reasonable&cool guy", how could they get on the radar (being totally, utterly clean & legal citizens - even having govt security clearance, for contracting for the govt from time to time!), how did they get their homes raided, their lawful property confiscated, their faces pushed into the dirt, and they necks being kneel down on, if not for being picked up by a "non-existing" (in your opinion) dragnet, aimed at US Citizens?

    3. Re:But what about the Utah Data Center? by daveschroeder · · Score: 1

      Wow...you actually believe that the national foreign intelligence apparatus is keeping "dossiers" and dragnets going against your "backyard scientist" friends? You must know some strange cats if your friends are being routinely raided by "feds" using high-risk entry.

      It's not possible that, oh, I don't know, a neighbor — perhaps one of those "sheeple" — who actually knew the person called in a tip to police, which they then investigated, or perhaps passed on to federal authorities if they truly were "feds" and your AC story isn't bogus?

      Nah, you're right: NSA illegally dragnet-wiretapping all Americans in contravention of the letter and spirit of the law, the Constitution, and NSA's own mission seems more likely.

      ...

    4. Re:But what about the Utah Data Center? by Johann+Lau · · Score: 2

      Remember Cointelpro? But that's different, right? That was then, this is now, right?

    5. Re:But what about the Utah Data Center? by Sir_Eptishous · · Score: 1

      You make some very cogent points, and obviously have spent a lot of time thinking and writing about this topic. But from my point of view, you have the same problem those you debate with have, that
      It's either Black or White.

      Your key argument, that "The trouble is the mistaken and misguided belief that if there has ever been an example of abuse, or a mistake, then ALL activity MUST be abuse." is also highly suspect and completely without merit, in light of historical fact.

      A government or corporation with the ability to "screen" for data the way they can now, due to technology, will always be tempted, in a myriad of ways and for a myriad of rationales, to abuse that ability. To dismiss that outright is ridiculous, and goes up against all history and human behavior.

      With that being said, I agree with you that more likely, the NSA and other agencies are primarily focused on what I would term "actual" threats to the U.S., i.e., China, Fundamentalist Islamic Terrorism, etc; However, with the datamining "firepower" they have at their disposal, it would be illogical at best to think they aren't creating "profiles" on American Citizens and groups. Who would they target? Well, common sense would indicate both left and right wing groups who the government, politicians and corporations deem a threat, however small. Their are lots of those...

      Yes, there are "actual threats in the world". But to assume that our government(regardless of agency) isn't creating "profiles" on Americans is nonsense. Also, just like those you argue against, using phrases like "every American" doesn't help and is hyperbole.

      --
      We play the game with the bravery of being out of range
    6. Re:But what about the Utah Data Center? by s.petry · · Score: 1

      Two answer your first two paragraphs, I would be inclined to agree with you except for the fact that I am not ignorant. The Utah Data Center was originally designated to have a duplicate pipe for every AT&T data link going outside the US. This means that it would be able to capture all data going in and out of the country. The mandate was changed two years ago, and now every single AT&T pipe will be replicated, and pipes for Domestic only are now to be fed in to the center as well.

      So the purpose has become clear, everyone is a threat including Aunt Jenny who is emailing recipes to Grandma. Lord help her if she forwards something like "This Yellow cake is the bomb!"

      And now we have the ridiculous, baseless statement that the Utah Data Center can store "100 years of the world's communications".

      What? GO READ! The wired article has many spec's leaked from the data center design included in the summary. Sad that we have to get leaks since the spec's for something this important should be provided, but it's not. Based on the Specs, we can estimate the capacity. Using growth estimates based on current use, we can estimate how much data someone could hold.

      Point: It's not baseless if you don't understand it. Ask for clarification and I'm sure someone can provide facts and explanation. Point: Not everyone is as ignorant as you seem to believe they are. Last point: Nobody stated that foreign intelligence is bad: What was stated is that this intelligence can, is, and has been used against Americans and is a violation of the 4th amendment as. There are numerous facts to back that statement, and former NSA people are telling you that same thing. You can keep your eyes closed, but it won't go away.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    7. Re:But what about the Utah Data Center? by daveschroeder · · Score: 1

      The Utah Data Center was originally designated to have a duplicate pipe for every AT&T data link going outside the US. This means that it would be able to capture all data going in and out of the country.

      Really? That's what the Utah Data Center was designed to have? I really hate it when people do this, but... [citation needed]

      (And please don't refer to Jim Bamford's Wired piece. That's not "proof" of anything. If anything, it is speculation.)

      The mandate was changed two years ago, and now every single AT&T pipe will be replicated, and pipes for Domestic only are now to be fed in to the center as well.

      Again, excuse my surprise but — where was this "mandate" changed, exactly? What was the original mandate? What was the "change" that says "every single AT&T pipe will be replicated", and where does anything say this is occurring at a data center being built for the Comprehensive National Cybersecurity Initiative? Since Binney claimed that NSA was already vacuuming up all comms 10 years ago, what is the Utah Data Center for, in your mind? I can guess, because I've seen the speculation: NSA was already illegally wiretapping all comms, but now needs a massive computing capability to search through all of it in real time (never mind that this is illegal and unconstitutional without a warrant for US Persons). When something is secret because we don't want our adversaries to understand our capabilities, it invites speculation about the "true" purpose.

      The funny thing is that even thought the Utah Data Center is secret, we know more about it than we would in any other country. In China, you wouldn't even hear about equivalent cyber facilities — and there certainly wouldn't be any public discussion or debate.

      All that aside, you do realize that some foreign traffic exists exclusively within the US and on US equipment, and the FISA Amendments Act of 2008 expressly allows targeting this foreign traffic without a warrant?

    8. Re:But what about the Utah Data Center? by s.petry · · Score: 1

      Really? That's what the Utah Data Center was designed to have? I really hate it when people do this, but... [citation needed]

      Try reading the Wired article on the same subject, I mentioned the article so you should have taken it upon yourself to read the article instead of asking for citation.

      The same thing goes for your 2nd paragraph, you are using OLD data regarding the project an not what is currently slated for go live in a year.

      The funny thing is that even thought the Utah Data Center is secret, we know more about it than we would in any other country. In China, you wouldn't even hear about equivalent cyber facilities — and there certainly wouldn't be any public discussion or debate.

      All that aside, you do realize that some foreign traffic exists exclusively within the US and on US equipment, and the FISA Amendments Act of 2008 expressly allows targeting this foreign traffic without a warrant?

      Save the speculation and straw man arguments, you don't know any such thing any better than I do. I would assume that the Chinese people have the ability to discuss issues amongst themselves, and would think that information does get known (though it takes more time than it would in the US).

      Straw man aside, you can not justify a vacuum of _all_ data as is being done without violating the 4th amendment. This was a major point of the Wired article as well. Looks like you need to catch up on current events.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    9. Re:But what about the Utah Data Center? by daveschroeder · · Score: 1

      Did you miss the part where I said, "And please don't refer to Jim Bamford's Wired piece. That's not "proof" of anything. If anything, it is speculation"? That would be the article you're referring me to.

      I'm well aware of law and policy as it applies to US Persons, and I have repeatedly reiterated precisely what the law says in a number of my posts on this article alone. Nowhere have I justified a "vacuum" of all data (specifically, the collection, analysis, storage, or dissemination of the content of communications of US Persons without a warrant), which is what you believe is occurring.

      Of course, in order to target traffic of non-US Persons. the metadata of ALL traffic must be able to be examined to identify and collect that traffic in the first place. Use of traffic metadata for targeting does not require a warrant.

      You're mistaking capability with intent and action: that if NSA has the "capability" to do something, it must be doing it unless it can be proven otherwise (which is impossible). By that logic, all NSA's listening posts around the world and on Navy ships that have the capability to intercept traffic of US Persons, and all US intelligence operations which the capability to target US Persons, must be doing so, because they are physically capable of it.

      The distinction isn't made in our capabilities. A gun can just as easily kill a friend as an enemy. The distinction about what is acceptable and lawful versus what isn't is made in the law. You choose to believe any level of access NSA has to US network must be used to spy on Americans, and ignore the fact that the exact same equipment and infrastructure is required to lawfully target individual foreign communications within the United States.

    10. Re:But what about the Utah Data Center? by s.petry · · Score: 1

      I think the point we disagree on is that you insist, or perhaps only are perceived as insisting, that the NSA is the only agency that can query data. This, as you should know is not true. Other Government agencies, many of which have conducted open and illegal acts very recently against US Citizens, also have access to this data. This could be either by 1) Direct access or 2) Requesting information from the NSA.

      While you claim the Wired piece is not relevant, I am confused on why you claim that your speculation is better than their speculation. Especially since a main claim that you requested information is in the article (which also includes interviews with contractors and Government officials). What I noted in the article was that Congress passed the mandate 2 years ago which put T pipes in every AT&T Hub. Meanwhile, you did not know (or perhaps were simply trying to deny) that fact. As with any piece of journalism, there is of course opinion. Is that opinion based on facts or pure speculation? In the case of the Wired article, it was backed in many regards by facts.

      In my opinion, you are not looking at the broad aspects of the NSA data collection operation. If you zoom out and look at how the larger Government, to which the NSA is accountable and funded by, the dangers become much more obvious.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    11. Re:But what about the Utah Data Center? by s.petry · · Score: 1

      Just needed to add a point real fast. Dangerous should not be confused with Nefarious. This is more an issue of "Who watches the watchers?", for which there is very little accountability for the NSA.

      --

      -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

  23. HIstory of our Govenrment by Anonymous Coward · · Score: 0

    Well, our government does have a history of spying on Americans.

    Giving diseases to Americans

    And then there are the countless accusations of spying against peace activists.

    And the whole thing about warrants - there is no oversight or transparency. All an agent has to do is go to a judge and say that they are a suspect and need to be under surveillance - especially if they have an Arabic name.

    Basically what you're saying is, you'd prefer to believe, without proof, allegations that the NSA is illegally dragnet-spying on ALL Americans, and has been doing so for more than a decade, which would involve at the very LEAST hundreds, and more likely thousands, of civilian and military NSA employees, all of whom don't mind that they're directly violating the Constitution, but only one guy who hasn't been at NSA in over a decade is telling you "the truth"? That really seems plausible to you?

    Absolutely it is plausible. Google (almost )does it. All the NSA has to do is order ISPs, cell phone companies, google, amazon, yahoo!, etc .... to hand over their data. Your storage is free. Computing power? Dirt cheap.

    It would be nothing to do what folks accuse the NSA of doing.

    The burden of proof is on the Government -NOT its citizens. Period.

    Lastly, I don't believe you. You have no proof and you just posted links to speeches - BFD.

    If the NSA or their representatives say something; it's a lie until proven otherwise - that's what spies do: lie, cheat, and be subhuman douche bags.

  24. Not A Jawdropper by rmdingler · · Score: 2

    This is what governments do even in societies propagandized as free. Under the guise of protecting it's citizens from perceived evil, citizen's personal freedoms are eroded "for their own good". The price of a free society is evidently too costly to bear.

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

    1. Re:Not A Jawdropper by cpghost · · Score: 1

      The term "free" w.r.t. society and politics is overestimated. Widely overestimated. And mostly used in a demagogic way. At most, we could say to some societies are more free than others, but free societies per se don't exist. And w.r.t. western societies in general, they've become considerably less free in the wake of 9/11 (along with all other societies in the world). Most people may not notice a difference, but that's merely the frog being slowly boiled to death.

      --
      cpghost at Cordula's Web.
    2. Re:Not A Jawdropper by rmdingler · · Score: 1

      Nineleven spawned more breeches of civil liberty than you can shake sticks at. Very apt use of the frog metaphor though. Indeed sir.

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

  25. Right by Anonymous Coward · · Score: 0

    Just like all the cops out there following the law right now. Oh wait most of them don't and beat you and confiscate your evidence when they get caught. Sure you may get your broken phone back or maybe even a working phone without a memory card after a court case. All the cops get for violating your civil rights is paid vacations. If they were REALLY wrong they'll get moved to another city to carry on committing more crimes. The blue shield protects them all.

  26. Did they have a file on James Holmes? by shadowrat · · Score: 2

    You'd think if they had this awesome system that kept a file on every one of us and everything we were searching for, surely that guy would have raised some red flags.

    1. Re:Did they have a file on James Holmes? by RabidReindeer · · Score: 1

      You'd think if they had this awesome system that kept a file on every one of us and everything we were searching for, surely that guy would have raised some red flags.

      Probably the only thing that keeps us from living in an Orwellian nightmare is the incompetence of government agencies when it comes to actually using the data they've collected. And, related to that, the fact that a lot of the "facts" on file are inaccurate.

      Which would be more comforting if it were not that the flip side of that coin is that while the guilty may go free, this same incompetence can impact the innocent.

      Innocent people have nothing to hide - the problem is the people who determine what "innocent" is.

    2. Re:Did they have a file on James Holmes? by Anonymous Coward · · Score: 0

      yep, that's how "efficient" government is, when it comes to catching real, and not imaginary threats.

    3. Re:Did they have a file on James Holmes? by X86Daddy · · Score: 1

      TIN FOIL MODE ACTIVATE!

      Who benefits from the James Holmes massacre? What agenda gets pushed as a result of that act? How about "more spying on citizens is A-Okay, because it'll help prevent that stuff!" And/or Holmes wasn't going after the elite class, so they passed.

      Damn... that didn't even take a lot of tin foil to come up with and half-way consider.

  27. Re:Trust? No I don't trust the NSA by daveschroeder · · Score: 4, Interesting

    This is a good comment. No, I don't think anyone is asking you to blindly trust NSA or any other element of government. But as government is ultimately here to serve the people, you can't exclusively have distrust of every single action government takes. Be cautious, be vigilant. But as I have said before, the mistake is believing that because there are some examples of abuse or mistakes — and there are plenty — that EVERY activity is intentional, systematic government abuse.

    The real question is do we have sufficient oversight from congress or the judiciary? It's not clear that we do.

    This is an excellent question, and one that has always been relevant to the Intelligence Community. Oversight of the IC has always been institutional oversight, not direct oversight by the public. But intelligence operations require secrecy to be effective — and that secrecy, especially in an open society, invites confusion, suspicion, misunderstanding, and distrust. So don't blindly "trust" NSA, but have the fortitude to thoroughly examine its purpose, missions, and history, and the challenges associated with executing its missions.

  28. Potential for abuse is enough to justify oversight by sjbe · · Score: 5, Insightful

    The trouble is the mistaken and misguided belief that if there has ever been an example of abuse, or a mistake, then ALL activity MUST be abuse.

    Nice strawman. The problem is that sometimes there is ALWAYS the potential for abuse and sometimes there actually are abuses. Thus we need oversight and lots of it. No rational person is claiming everything the NSA has done is abuse or in error. But only a naive fool would assume that the NSA is an entity to be trusted.

    Look, NSA intercepts communications, and it does so for only one purpose -- to protect the lives, the liberties and the well-being of the citizens of the United States from those who would do us harm

    You cannot possibly know that with any actual certainty. However even if true, that does not mean that US citizens cannot be abused by the actions of the NSA in the process. We locked up thousands of innocent citizens of Japanese descent in the 1940s in the name of "protecting" US citizens. There are almost countless examples of our law enforcement and government agencies abusing citizens with all the good intentions in the world. Martin Luther King was considered extremely dangerous by the FBI. Our government has a LONG track record of abusing citizens even when they have the best of intentions and that's even taking into account that the US government is relatively benign and benevolent compared with some of the other governments out there. (it could be a lot worse) Believing the only purpose of the NSA and it's employees is to protect US citizens is naive on the face of it. And even it if were true, it doesn't mean that bad things won't happen to people who do not deserve it.

    It's a question drilled into every employee of NSA from day one, and it shapes every decision about how NSA operates.

    Even if true (and I very much doubt that it is) that means precisely nothing. People do all sorts of evil things while thinking they are doing the right thing. Laws get followed that are bad laws. Don't get me wrong, I think the NSA or an organization similar to it serves an important purpose. But I don't really care at all what comes out of the mouths of the people in charge of it. What they are doing has the potential to both violate the law and to result in real and tangible harm to the rights, person and property of US citizens and that is worthy of serious concern.

  29. Re:I'll wait until political opponents are oppress by Anonymous Coward · · Score: 0

    We're not there yet but we're getting there. Pretty close honestly.

    The government actively sends people into groups like Occupy to instigate violence so that they discredit and arrest them. The DHS has been sending out memos associating people who are libertarian / state's rights advocates as being potential terrorists. The government engages in mass surveillance of political groups (Occupy, anti-war activists, state's rights groups, etc.); many stories can be found of people who get harassed by feds for being members of anti-war groups. This should be seen as chilling to everyone.

    Sarah Palin isn't a threat to the ruling class. Why would they be interested in targeting her?

  30. Does indeed collecting.... by Anonymous Coward · · Score: 0

    Proofreading articles is overrated. Could have at least copied and pasted what was in the article- "Was indeed collecting...."

  31. The game is on... by 3seas · · Score: 0

    ...who can fool there system?

    1. Re:The game is on... by gestalt_n_pepper · · Score: 1

      Someone who knows the difference between "there" and "their?"

      --
      Please do not read this sig. Thank you.
  32. Reputation management.... by Anonymous Coward · · Score: 0

    The major reason for this guys appearance seems to have been to convince more people to work for the NSA.

    So does that mean that the Orwellian total surveillance policies being implemented in the US are actually beginning to impact their hiring results? Do people object to be seen working for some kind of US KGB-in-waiting?

    Or is it simply not very attractive to work for the NSA (low government salaries + drastic impact on one's personal life and freedoms)?

    Hmm...

  33. Re:I'll wait until political opponents are oppress by AHuxley · · Score: 1

    Re" The libertarian party and green parties are not being rounded up." You missed the http://en.wikipedia.org/wiki/Missouri_Information_Analysis_Center report :)

    --
    Domestic spying is now "Benign Information Gathering"
  34. Re:I'll wait until political opponents are oppress by Anonymous Coward · · Score: 0

    > Are the police going after rival political parties? (...) When the feds start rounding up political opponents, then I will worry.

    When you will be able to see that, it will be all OVER and way too late to "start worrying". You will become NAzi Germany, or Soviet Russia in one quick hurry, from that point on.

  35. IMAGINE MY SURPISE! by Jeremiah+Cornelius · · Score: 1, Funny

    A Spymaster for a World-spanning Empire TOLD A LIE!

    I am outraged that some chief-spook would deceive and disinform in a forum where his unstated goal was merely to manipulate public opinion and recruit talent.

    --
    "Flyin' in just a sweet place,
    Never been known to fail..."
    1. Re:IMAGINE MY SURPISE! by kilfarsnar · · Score: 4, Insightful

      It is unfortunate that we have reached a point where we expect and accept that our government officials lie to us. We accept it as a necessary evil in a dangerous world. And yet, it is the very people who lie to us who tell us what a dangerous world it is. The American people have lost control of their government.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    2. Re:IMAGINE MY SURPISE! by Mabhatter · · Score: 1

      We used to have a "firewall" between "National Security" and Law Enforcement, particularly after J. Edgar did his number.

      We allowed the CIA and NSA to do what was needed. With the Legal understanding they could never use that information in US courts be aide a) it was obtained without court oversight (illegally) and b) in order to admit the evidence into US court they would have to make the accusing agents and collection methods known to the PUBLIC. To use that on civil or criminal cases would be a violation of government secrets acts.

      The "Patriot Act" did away with those "traditional" rules allowing massive amounts of sloppy work into the system with no oversight.

  36. They may have the data, but... by gestalt_n_pepper · · Score: 1

    The fact that I buy a lot of Salmon, kool-aid and unnecessary hand tools probably isn't going to tell them anything useful. Similarly, my age and health profile probably get me the "Old harmless cranky guy ranting" tag in the database.

    --
    Please do not read this sig. Thank you.
  37. Dictators always think they're right by Anonymous Coward · · Score: 0

    "Look, NSA intercepts communications, and it does so for only one purpose -- to protect the lives, the liberties and the well-being of the citizens of the United States from those who would do us harm."

    No they are just people. Managers do a value judgement based on their prejudices and beliefs and decided to spy on Americans, "WHO WOULD DO US HARM" because they think they're right. That's why leaders become leaders, because they think they're right.

    Dictators always come from within the country, not outside it. Putin is Russian KGB, Mubarak was secret police, so was Gadaffi, General Pinochet, General Franco. All of them thought they were right, that they had a unique perspective that uniquely makes their choices the right choices.

    Just to remember, the failure to do anything about Al Qaeda was down to Bush. Even the Israelis were following them, but Bush, they couldn't even get any action out of him at all. He simply had to call a meeting and he didn't even do that. Not some paradigm shift, just a crap lazy, do nothing leader and his pathetic apologists.

  38. Data by Anonymous Coward · · Score: 0

    We gather data on everyone.... We only look at the data of suspected terrorists and criminals.

    Loophole.

  39. Re:Trust? No I don't trust the NSA by http · · Score: 2

    But as government is ultimately here to serve the people, you can't exclusively have distrust of every single action government takes.

    In the case of the NSA and the FBI at least, historical evidence shows American citizens would be wise to.

    --
    If opportunity came disguised as temptation, one knock would be enough.
    3^2 * 67^1 * 977^1
  40. Re:Trust? No I don't trust the NSA by Anonymous Coward · · Score: 3, Insightful

    15 years ago I might have said the same thing, but not anymore.

    15 years ago the government was not trying to extradite foreigners for civil (not criminal) allegations.

    15 years ago US citizens were not being unilaterally assassinated without appropriate legal redress.

    15 years ago I didn't have to worry about some unregulated domestic pseudo military institution stopping me on highways without cause.

    15 years ago we didn't have to deal with unfair and unreasonable searches and seizures every time you want to get on a plane.

    The landscape is different. I don't have a grudge against the NSA, but I do not trust the government anymore like I used to. Also, don't call me a tea partier because my desired solution isn't to eliminate the government, but to change the way it operates--to make it more answerable, and more removed from corporate interests.

    The key think to remember in all of this is power differential. The government has more power than an individual citizen. In exchange, we expect complete transparency.

    Maybe intelligence has always been a bit secret, but my feeling is that if there's one whiff they're doing anything questionable, they should lose all of the privilege of that secrecy in order to maintain accountability. "This is the way it's always been" isn't an excuse for throwing away accountability.

  41. Instructions required by ThatsNotPudding · · Score: 3, Insightful

    Be cautious, be vigilant. But as I have said before, the mistake is believing that because there are some examples of abuse or mistakes â" and there are plenty â" that EVERY activity is intentional, systematic government abuse.

    Pray tell; how is an ordinary US citizen supposed to be vigilant against those that hold all the cards and wield that power with absolutely no verifiable checks in place?

  42. But no Attorney General will go after them ... by Anonymous Coward · · Score: 0

    Only in the USA. The EU has laws and mandates about email. ISPs are required to send email headers to an EU government database. ISPs in the USA that email anything to Europe and have a presence there (the big ISPs all do), also send all those email headers to the EU government. I've been on a team in the USA deploying systems too meet this law at an ISP in a central USA state.

    Now the data is not inside the USA - it is "foreign" and the US-NSA can have it. Agreements to spy on foreign citizens have been around a long time. The US spies on Brits, Aussies, Kiwis and other countries citizenship. In return, they all spy on US citizens. They all share this "foreign" data with each other as a way to get around national laws that prevent spying on their own citizens. Is the correct term "legal arbitrage?"

    It is only a crime if they knowingly spy on their own citizens. Accidental spying will be ignored by the courts unless it is blattant AND a US District Attorney wants to bring charges. They almost never do. There's a fancy term for it, but basically a federal employee trying to do their jobs can't be sued.

  43. Re:I'll wait until political opponents are oppress by Sir_Eptishous · · Score: 1

    Right, but you can bet your bottom dollar that if it wasn't Paul and other right wing types who were profiled in the "Modern Militia Movement", and had been groups such as Occupy Wall Street, the State of Missouri would have cared less, and probably actually increased funding for the MIAC.

    --
    We play the game with the bravery of being out of range
  44. It started WHEN? by Anonymous Coward · · Score: 1

    From TFA:

    "He said the NSA began building its data collection system to spy on Americans prior to 9/11, and then used the terrorist attacks that occurred that year as the excuse to launch the data collection project.

    “It started in February 2001 when they started asking telecoms for data,” Binney said. “That to me tells me that the real plan was to spy on Americans from the beginning.”

    So let me get this straight. The PATRIOT Act was already written before 9/11, but introduced as a reaction to it. Now we find out the NSA was spying on Americans in February of 2001, but used the attacks to justify it. And yet we are told no one foresaw the attacks, and they could not have been prevented. Just what the hell is going on here?

    1. Re:It started WHEN? by Anonymous Coward · · Score: 0

      Just what the hell is going on here?

      False Flag Ops?

  45. What's your experience, dood????? by sgt_doom · · Score: 1
    Sonny, talk to anyone ever affiliated with NSA and you'll find that the majority of codes they have broken are commercial codes --- now why would that be, sonny? The privatized American intelligence establishment has a proven record of eavesdropping on Americans, commercial enterprises, etc., for the profit and financial intelligence to the Financial-Intelligence-Complex which founded the American intelligence community during World War II (Rockefeller, Mellon, Du Pont, Harriman, Morgan, et al.).

    With Narus boxes at every major national switch, IXP (that's Internet eXchange Point, script kiddies, not ISP, so please don't respond as 'cause you're ignorant and thought I meant ISP), or exchange point --- they are most definitely spying domestically and for nefarious reasons, although they forever cite national security bullcrap. You sound like the typical Pentagon stooge --- what is your occupation (and please don't respond: insurance investigator for criminal insurance corporations!).

  46. Re:Trust? No I don't trust the NSA by kilfarsnar · · Score: 2

    This is a good comment. No, I don't think anyone is asking you to blindly trust NSA or any other element of government. But as government is ultimately here to serve the people, you can't exclusively have distrust of every single action government takes.

    In theory or in practice? In theory, the government is here to serve the people. In modern America however, the government has been taken over by powerful private interests, through campaign contributions and other means, to use for their own purposes. This has been made clear by the fact that there are multiple cases of criminality that have been reported, and no one has been prosecuted for them

    This is an excellent question, and one that has always been relevant to the Intelligence Community. Oversight of the IC has always been institutional oversight, not direct oversight by the public. But intelligence operations require secrecy to be effective — and that secrecy, especially in an open society, invites confusion, suspicion, misunderstanding, and distrust. So don't blindly "trust" NSA, but have the fortitude to thoroughly examine its purpose, missions, and history, and the challenges associated with executing its missions.

    I think it's pretty easy to understand that an agency built on secrecy cannot be overseen effectively. How are we to examine the purpose, mission and history of an agency that is by definition, secret? You or I cannot find out what the NSA is up to. As we have seen, the Congress cannot either. The same goes for the CIA, NRO, and the other one that is so secret the fact that it exists is secret.

    --
    "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
  47. does indeed collecting e-mails by reboot246 · · Score: 1

    What language is that?

  48. Demand arrests at NSA by Anonymous Coward · · Score: 0

    Call your representitives today and demand a hearing and arrests of guilty parties. To do any less is to spit on the graves of all who have fought for the consitution.

  49. Re:Instructions req. [The method called Freedom] by Anonymous Coward · · Score: 0

    [Vigilance]Create your own cards, own language, and own everything you do not want known. Or better, do not create something that can harm you. Being a citizen does not mean use the amenities and amendments for your benefit, but create better standards for yourself and the improvement of SOCIETY using historical evidence a corrupt government has given us as examples of "Doing it wrong". Thus making a "corrupt" government a co-existing being, not your queen. If you have not the mind for innovation, take what you are given and follow the rules. Not the rules of the government but a stricter set, giving any establishment no reason to put you on the scale.
      IF YOU SAY rules are not for me, there are places you can go that gladly accept payment in blood.
      When an establishment claims to provide "Freedom", they are claiming the responsibility and right to hold all the cards. I mean, to protect you through whatever means. When you agree to such clauses you are not qualifying for freedom, but FREEdomination.
    To the ordinary US citizen: If you cant be vigilant, be cautious. You only need one to survive.

    Also stop thinking about what said groups are doing now, but meditate on what they intend to do. If said systems are already gathering information, the ability to process them is inconsequential. If exponential growth means nothing to you stop reading now. Soon enough processing power will NOT be an issue, and the only ones unaffected by this "Virtual Phone Book" are those 80+ who will die before Raw computing power is just a price tag. Isn't that the point of a network? And isn't the point of providing protection NOT having all of your information in a central location?
    So the question i pose to these "Elite Protectors" Is to consider what is more important, having the first of said futuristic all inclusive networks, or being forced to play catch up when another country creates one first. The issue of what they can or cant do is off the table now remember that thanks to innovation and American Spirit...
    Once created, those who will, rise up that seek to destroy.
    Do not create a weak wall in the name of security, and do not leave your wallet sitting on the wall.

  50. Who rules America? by Paul+Fernhout · · Score: 2

    "The American people have lost control of their government."

    That assumes the "people" ever did control their government? See:
        http://www2.ucsc.edu/whorulesamerica/
    =====
    Q: So, who does rule America?

    A: The owners and managers of large income-producing properties; i.e., corporations, banks, and agri-businesses. But they have plenty of help from the managers and experts they hire. You can read the essential details of the argument in this summary of Who Rules America?, or look for the book itself at Amazon.com.

    Q: Do the same people rule at the local level that rule at the federal level?

    A: No, not quite. The local level is dominated by the land owners and businesses related to real estate that come together as growth coalitions, making cities into growth machines.

    Q: Do they rule secretly from behind the scenes, as a conspiracy?

    A: No, conspiracy theories are wrong, though it's true that some corporate leaders lie and steal, and that some government officials try to keep things secret (but usually fail).

    Q: Then how do they rule?

    A: That's a complicated story, but the short answer is through open and direct involvement in policy planning, through participation in political campaigns and elections, and through appointments to key decision-making positions in government.

    Q: Are you saying that elections don't matter?

    A: No, but they usually matter a lot less than they could, and a lot less in America than they do in other industrialized democracies. That's because of the nature of the electoral rules and the unique history of the South.

    Q: Does social science research have anything useful to say about making progressive social change more effective?

    A: Yes, it does, but few if any people pay much attention to that research.
    =====

    See also my essay "On dealing with social hurricanes (like the US CIA)":
        http://www.pdfernhout.net/on-dealing-with-social-hurricanes.html
    "This approximately 60 page document is a ramble about ways to ensure the CIA (as well as other big organizations) remains (or becomes) accountable to human needs and the needs of healthy, prosperous, joyful, secure, educated communities. The primarily suggestion is to encourage a paradigm shift away from scarcity thinking & competition thinking towards abundance thinking & cooperation thinking within the CIA and other organizations. I suggest that shift could be encouraged in part by providing publicly accessible free "intelligence" tools and other publicly accessible free information that all people (including in the CIA and elsewhere) can, if they want, use to better connect the dots about global issues and see those issues from multiple perspectives, to provide a better context for providing broad policy advice. It links that effort to bigger efforts to transform our global society into a place that works well for (almost) everyone that millions of people are engaged in. A central Haudenosaunee story-related theme is the transformation of Tadodaho through the efforts of the Peacemaker from someone who was evil and hurtful to someone who was good and helpful."

    And also this suggestion: http://pcast.ideascale.com/a/dtd/The-need-for-FOSS-intelligence-tools-for-sensemaking-etc./76207-8319

    --
    A 21st century issue: the irony of technologies of abundance in the hands of those still thinking in terms of scarcity.
  51. NSA General Outed by Anonymous Coward · · Score: 0

    Ah ... a window opens and a breeze of fresh air enters.

    If only for a moment.

    And then the moment gone.

  52. Re:Trust? No I don't trust the NSA by Anonymous Coward · · Score: 0

    But intelligence operations require secrecy to be effective — and that secrecy, especially in an open society, invites confusion, suspicion, misunderstanding, and distrust.

    The amount of information and length of time said information remains secret likely drives a significant portion of the suspicion. Without placing an extremely short lifespan on the vast majority of secrets and seriously revisiting the current classification system building public trust in secretive institutions falls somewhere between difficult and impossible.

  53. Question for the peanut gallery by Anonymous Coward · · Score: 0

    It sounds to me like this second guy is playing word games too. (what does build a file mean) but here is a simple question...

    How would you know who on the Internet is an American and who is not...at scale?

    If e NSA ignored e Internet we would all be abhorred by their lack of ability to do something obvious, so assume that "don't do it" is out. I have a hundred zillion web pages with open-Internet info on them. How do I determine that chunkylover53@hotmail.com lives in Kentucky? Look at their registration form? Then every terrorist would be from Alabama when they figured out it would exempt them. get a copy of the census? The ACLU would have a stroke. So what do you do?

  54. Re:Trust? No I don't trust the NSA by Fnord666 · · Score: 1

    This is a good comment. No, I don't think anyone is asking you to blindly trust NSA or any other element of government. But as government is ultimately here to serve the people, you can't exclusively have distrust of every single action government takes.

    This is where your argument begins to veer off course because it is based on a false assumption. That assumption is that the US government is there to serve the US people and to serve them equally. That is no longer the case. The US government now serves only the interests of the top 1% of its "people", where people now also includes corporations. The conclusions drawn from this false assumption are thus suspect at best. It is in the interest of the top 1% to keep themselves in that position, so the government's actions are going to reflect that as well. BTW the top 1% I am referring to are not determined by wealth, but by power and/or influence. Government members consider themselves to be a part of this 1% as do high ranking members of the intelligence committee. The result is a closed feedback loop that is distancing the 1% from the remaining 99% with each passing day.

    --
    'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
  55. Not A Problem If by Anonymous Coward · · Score: 0

    The President of the United States of America and all Federal and all State employees can enjoy Rendition to a CIA Prison in Syria and be Tortured just like the rest.

  56. Re:Trust? No I don't trust the NSA by Anonymous Coward · · Score: 0

    This is a good comment. No, I don't think anyone is asking you to blindly trust NSA or any other element of government. But as government is ultimately here to serve the people, you can't exclusively have distrust of every single action government takes. Be cautious, be vigilant. But as I have said before, the mistake is believing that because there are some examples of abuse or mistakes — and there are plenty — that EVERY activity is intentional, systematic government abuse.

    The real question is do we have sufficient oversight from congress or the judiciary? It's not clear that we do.

    This is an excellent question, and one that has always been relevant to the Intelligence Community. Oversight of the IC has always been institutional oversight, not direct oversight by the public. But intelligence operations require secrecy to be effective — and that secrecy, especially in an open society, invites confusion, suspicion, misunderstanding, and distrust. So don't blindly "trust" NSA, but have the fortitude to thoroughly examine its purpose, missions, and history, and the challenges associated with executing its missions.

    Please excuse me if I forgo examining every action of the NSA to ascertain their motives. There are serious consequences to abusing the trust you have been given. I, personally, do not have time to thoroughly examine the purpose, missions, and history of the NSA every time they conduct an action. I suspect you do not either, and allow a static opinion you've formed of the NSA to dictate your future opinions. I am doing the same thing, but am punishing the NSA for their misdeeds by assuming they are nefarious in purpose. You just want to give them a free pass. "Befehl ist befehl", naja?