Intelligence Director Claims NSA Surveillance Reports Inaccurate
Nerval's Lobster writes "James R. Clapper, the nation's Director of National Intelligence, claimed that recent reports about the NSA monitoring Americans' Internet and phone communications are inaccurate. 'The Guardian and The Washington Post articles refer to collection of communications pursuant to Section 702 of the Foreign Intelligence Surveillance Act,' he wrote in a June 6 statement. 'They contain numerous inaccuracies.' While the statement didn't detail the supposed inaccuracies, it explained why the monitoring described in those articles would, at least in theory, violate the law. 'Section 702 is a provision of FISA that is designed to facilitate the acquisition of foreign intelligence information concerning non-U.S. persons located outside the United States,' it read. 'It cannot be used to intentionally target any U.S. citizen, any other U.S. person, or anyone located within the United States.' Those newspaper articles describe an NSA project codenamed Prism, which allegedly taps into the internal databases of nine major technology companies: Microsoft, Google, Yahoo, Facebook, PalTalk, YouTube, Skype, AOL, and Apple. Both publications drew their information from an internal PowerPoint presentation used to train intelligence operatives. Speaking to Slashdot, Google, Microsoft and Facebook all again denied knowledge of Prism; the Google spokesperson suggested he didn't 'have any insight' into why Google would have appeared in the NSA's alleged PowerPoint presentation. But many, many questions remain."
"You are wrong, but I am not going to tell you HOW you are wrong"
From reading the Powerpoint, I came to a few conclusions. First, the news reports about the details of the program are accurate. Second, the Powerpoint is legitimate, albeit amateur for someone to disregard the standard stylistic guidelines for information that has classifications on it. Third, the full Powerpoint presentation will be declassified in 2037, so do not hold your breath for all the details.
sudo make me a sandwich
Google, Yahoo, Skype... "We don't give the NSA access to your mail/chat". What they really mean is: "We let them take copies of everything via the backdoor API, before we even store it"
Of course the NSA doesn't spy on American citizens. That's against the law.
What they do is allow friendly foreign agents -- like the UK -- to spy on American citizens, and then they share the data together. It's totally different and completely legal.
Genocide Man -- Life is funny. Death is funnier. Mass murder can be hilarious.
But only because the reality is worse!
Or did people forget about how the FBI uses Carnivore and its successors, or that the NSA has had Echelon in continuous operation? The companies that are protesting that they don't willingly hand over the data are probably right, the NSA is probably tapping the datacenters and ISPs directly without telling anyone concerned (see the fiasco at AT&T for instance).
In other news, George Orwell's "1984" was published 64 years ago yesterday.
"The keyword here is blackwhite. Like so many Newspeak words, this word has two mutually contradictory meanings. Applied to an opponent, it means the habit of impudently claiming that black is white, in contradiction of the plain facts. Applied to a Party member, it means a loyal willingness to say that black is white when Party discipline demands this. But it means also the ability to believe that black is white, and more, to know that black is white, and to forget that one has ever believed the contrary. This demands a continuous alteration of the past, made possible by the system of thought which really embraces all the rest, and which is known in Newspeak as doublethink. Doublethink is basically the power of holding two contradictory beliefs in one's mind simultaneously, and accepting both of them."
"I say we take off, nuke the site from orbit. It's the only way to be sure."
James R. Clapper, the nation's Director of National Intelligence, issued the following statement:
"The NSA and FBI wish to thank wish to thank Google and the glassholes for contributing to the panopticon and bringing us real-time insights into the daily activities of terrorists and potential terrorists (the two categories of citizens) nationwide."
That is very well crafted response. Look at what he says "'It cannot be used to intentionally target any U.S. citizen...." - INTENTIONALLY target is key there. They aren't intentionally targeting anyone. They are doing a broad sweep of everyone's data, then analyzing it, at which point they an argue for probable cause and then intentionally target an individual within the scope of the law. Words matter
just because you're paranoid doesn't mean the government isn't spying on all your activities.
Seriously, what the fuck does it accomplish by calling anyone conspiracy theorists? It's in mainstream media now - and you're still calling them conspiracy theorists? It was leaked, reported on, and it is out there.. and it's even being shown on TV news in the US.
You're living uninformed and in a bubble if you cannot see the obvious direction the US is headed.. You're sitting there with your head in the sand calling the people that are most vocal about it derogatory names.
This is just what is reported.. A conspiracy theorist would say that most likely the actual truth is more damming.
--- We need more Ron Paul!
I think literally "taking up arms" is premature and would be counter-productive, but parent is right. I'm writing to my Congressional representatives tonight to let them know that I vote and my next vote will be heavily influenced by their response to this revelation. I think I'll also write to my national political party office (I'm registered with a major party) to tell them the same thing. It's also a good time to consider joining/contributing to an organization that advocates for privacy and civil rights.
[Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
"I'm saying that when the President does it, it's not illegal!" - Richard Nixon, 1977
"the statement didn't detail the supposed inaccuracies, it explained why the monitoring described in those articles would, at least in theory, violate the law."
This scumbag is arguing that the allegations in the stories are inaccurate because the actions they describe would be in violation of THE LAW?
Since when does the government give a damn about following the law or holding its employees accountable for violations?
The Bush wiretapping program was blatantly illegal under the original FISA law, the OTS helped banks back-date deposits to mask their insolvency, the ATF smuggles weapons to the Mexican drug cartels. The government openly murders U.S. citizens without charge or trial.
This guy is arguing that government would NEVER violate the law, therefore any allegations of criminal activity by the government must necessarily be false? LOL
Before the leak: "Yeah whatever, put your tinfoil hat back on"
After the leak: "Cool story bro. We've all known this all along. Why are you making such a fuss"
There has been “continued exponential growth in tasking to Facebook and Skype,” according to the PRISM slides. With a few clicks and an affirmation that the subject is believed to be engaged in terrorism, espionage or nuclear proliferation, an analyst obtains full access to Facebook’s “extensive search and surveillance capabilities against the variety of online social networking services.”
so, you enter a name to access his full facebook profile, and there's a popup - are you reasonably sure he's a terrorist? yes/no" I'm glad to know there are safeguards in place!
I used to work at Bank of America and NSA had a black door closet in our office that I couldn't get into. Now mind you I had a security key card that could open any door in the establishment due to me being in the network security team. I could get in any VIP office, the trade floor, any secured area and any BofA server room on the premises but no one in our company could open that one door. So it's not just Internet dotcoms it's all your financial transactions and anything else as well. They are snarfing everything.
The key word is "target"; it is illegal for the FISA system to be used to target people in the US. However, we've known for a while that the US Government has a "secret interpretation" of this law which the public isn't allowed to know, for reasons that have to be kept secret but partly because, if released, the information "could result in exceptionally grave and serious damage to the national security".
One of the main suggestions for what this interpretation is is based on the precise phrasing of the law; FISA prohibits the authorisation of any acquisition of information if it "intentionally target[s] any person known at the time of acquisition to be located in the United States."
So if the NSA (or whoever) gets an authorisation to acquire information on everyone so that, at a later date, they can search that information to find specific stuff on particular individuals, at the time when they acquire the data they are not "targeting" anyone, and they don't *know* that the people whose information they are gathering are located in the US.
It's a really well-crafted piece of legislation; I hope the legal draftsmen behind it got a bonus that year... it's even sneakier than all the PR statements coming out of the NSA and the tech companies involved.
So the bottom line is that this probably *isn't* illegal. But no one can tell for sure, because the people who have tried to sue over this have had their cases thrown out for various reasons.
When James R Clapper opens his mouth I have no reason to believe or trust anything he says. He lied in testimony in front of congress and he won't even say what is wrong about the reports because "classified".
When technology companies like Microsoft tell us they safeguard our data or don't put backdoors into their shit and then lie about participation in spying programs are paying customers expected to do something other than switch to linux?
What about their foreign customers how are they supposed to trust an american company with perception of an out of control lawless state?
Secret interpretation of law is corrosive to state legitimacy. Which translates to non-academic consequences in the real world.
Foreign companies will think twice (US = next Huawei) before trusting US based firms for anything. People will increase their use of information security technology and the result will be negative effects on actual lawful non-puppet judge issued warrants.
Aggregation of power always leads to corruption. They are inseparable laws of human nature.