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NSA Head Asks How To Spy Without Collecting Metadata

jfruh writes "NSA Director Keith Alexander, testifying before the Senate this week, got weirdly petulant, asking his critics how he was supposed to do his job without collecting metadata on American communications. 'If we can come up with a better way, we ought to put it on the table and argue our way through it,' he said. 'There is no other way that we know of to connect the dots.' He also implied that major U.S. tech companies might have greater capacities than his organizations, and that they should help him out with new ideas."

27 of 509 comments (clear)

  1. Then Fire Him by craigminah · · Score: 5, Insightful

    Is he doesn't know how to do his job without violating all our rights then he should be replaced.

    1. Re:Then Fire Him by eriklou · · Score: 5, Insightful

      Came to say this...
      Time to hire people that can actually think outside of the box. Problem with that is they'd be too smart to take the job.

    2. Re:Then Fire Him by SerpentMage · · Score: 5, Insightful

      That is the cynicism that gives Americans what they have now. If every American actually felt there was a problem it would stop. The problem is that Americans condone this behavior as a general populace. So you get what you vote for. It is like the stat, "oh I hate Congress, but my guy is doing just fine, the others are the problem." RIGHT!!! It is always the OTHER...

      --

      "You can't make a race horse of a pig"
      "No," said Samuel, "but you can make very fast pig"
    3. Re:Then Fire Him by SuperTechnoNerd · · Score: 5, Insightful

      The problem is that Americans condone this behavior as a general populace..

      It's more along the lines of not understanding fully whats going on and people feeling powerless to do anything about it.

    4. Re:Then Fire Him by cheekyjohnson · · Score: 5, Insightful

      From what I've seen, people are either apathetic or support it. As it turns out, people in the "land of the free" don't actually care about freedom all that much.

      --
      Filthy, filthy copyrapists!
    5. Re:Then Fire Him by DarkOx · · Score: 5, Insightful

      Outside the box, how about inside the box!

      What is wrong with good old fashion detective work? You get tips from people you follow them up, you listen to truly public chatter learn who the malcontents are and infiltrate their groups, etc.

      All things police and spy agencies have been doing as long as they have existed and it worked without with to a large degree without global privacy shredding mass data collection. Is it likely to be as "effective" my guess is probably not as effective as mass surveillance can be but then again there is little evidence to suggest the the mass surveillance has worked so well, I mean people are still going abroad to meet with terror organizations come home and then sneak bombs on planes; they have just failed to detonate.

      Its a question of finding balance: risks, costs, and rewards. The real solution is we need to start getting rational about that.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    6. Re:Then Fire Him by MightyMartian · · Score: 5, Insightful

      Here's out of the box thinking. How about we all admit that even with near-total surveillance, something like the Boston Marathon attack can still happen, and that there is a finite limit to the safety even the most expansive surveillance regime can supply, and therefore stop pursuing goals whose ultimate destination is reduced liberties with little in the way of reduction in risk.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    7. Re:Then Fire Him by Anonymous Coward · · Score: 5, Insightful

      Hey here's some REALLY out of the box thinking.
      Why not have a foreign policy that isn't riddled with imperialist psychopathy.

    8. Re:Then Fire Him by lister+king+of+smeg · · Score: 5, Insightful

      you listen to truly public chatter

      Good luck defining that.

      its not that hard.

      slashdot or other forum == public
      my xmpp sessions == private
      public irc == public
      voip == private
      publicly open chat room == public
      facebook chat == private
      anything on facebook marked as friends only or private == private
      anything on facebook marked as public or everyone == public
      twitter == public
      email == private

      --
      ---Saying gnome 3 is better than windows 8 not so much a compliment as it is damning with light praise.
    9. Re:Then Fire Him by dnavid · · Score: 5, Insightful

      The problem is that Americans condone this behavior as a general populace..

      It's more along the lines of not understanding fully whats going on and people feeling powerless to do anything about it.

      The problem goes farther back than that. Post 9/11, people were outraged that the government didn't do enough to prevent the 9/11 attacks when it was "obvious" the terrorists involved were a threat. The NSA's "job" wasn't always to perform threat detection: its original job was to secure the communications of the United States and to perform counter-intelligence operations. The NSA and other intelligence agencies perform the level of surveillance they do because we *told* them to do so, in the post 9/11 world. We told them it was their fault 9/11 happened, and it was their responsibility to ensure it doesn't happen again.

      Our problem is that they believed us. And when you think its your job to prevent thousands of people from being murdered, lots of things seem much less important when weighed against that responsibility.

      Its not enough to just say "stop violating my rights and privacy." We have to clearly define again what the responsibilities of the government actually are to protect us from such threats, and what risks we're willing to accept and not bitch about. Otherwise we'll just bounce endlessly between being outraged at what the government does and outraged at what the government fails to do. We have to choose, and honor that choice. We have to push to unwind the progressive increase in surveillance *and* not punish the government when that lack of surveillance fails to prevent a bad thing. We must support both the good that choice grants and the bad that choice generates.

      We have to do something ultimately few people are genuinely willing to do. We have to tell the government they aren't responsible for preventing every single bad thing in the world. That is the only way we can revoke their right to do whatever it takes to attempt to achieve that impossible goal. Until we do, they will likely continue to push the envelope of what is legal. And collecting metadata is not clear-cut illegal. In fact, the Supreme Court has ruled it legal in the past. But even if we pass a law making it illegal, so long as the people who work at these intelligence agencies believe the American people have made it their legal and moral responsibility to do *everything* possible to prevent catastrophes, they will always find a way to push the envelope.

      If I'm being honest with myself, if I was told that, so would I.

  2. Not possible. by Carrot007 · · Score: 5, Insightful

    He means, how can I spy without spying?

    You can't.

    --
    +----------------- | What is the question!
    1. Re:Not possible. by goombah99 · · Score: 5, Funny

      Siri, find all the terrorists in the US.

      --
      Some drink at the fountain of knowledge. Others just gargle.
  3. duh by Anonymous Coward · · Score: 5, Insightful

    you obtain the necessary warrant and then perform whatever action is necessary without breaking the law. was that so hard?

    1. Re:duh by CanHasDIY · · Score: 5, Insightful

      They aren't actually breaking the law now with metadata collection. The courts have ruled on that. You might wish they were, but they aren't.

      If they're searching the communications (or "papers") of American citizens without a warrant, then they sure as hell are breaking the law, regardless of what some complicit, unconstitutional, kangaroo court has to say about the matter.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    2. Re:duh by mrchaotica · · Score: 5, Insightful

      Obtaining the necessary warrant might prove to be impossible without obtaining communication-based proof beforehand.

      Then the target of the investigation goes free. This is the correct and reasonable outcome, by design.

      But at the same time I can't figure a better way to prevent impactful, unlawful acts from happening (from terrorism to major drug smuggling and so on and so forth).

      Then you don't prevent them. That is the cost of living in a free country, and it's an entirely reasonable one, which I, for one, am perfectly happy to pay.

      And by "better" I don't necessarily mean "let's go full legal and there you have it" - that's probably way worse from an outcome perspective. What if (again, as I said above, theorizing here) the NSA stops collecting that data and within 3 years the amount of bombs going off increases tenfold, while at the same time drug usage increases by millions of souls, meat trafficking gets out of control, etc.? Then it will be widely regarded as being "the worst decision that could possibly be made".

      That is nothing more than a load of fear-mongering totalitarian bullshit, without a shred of evidence to support it. (In other words, it isn't even a theory -- it's a hypothesis, and an exceptionally poor one.)

      The higher national security, the greater the costs (and sacrifices of personal privacy). It's valid for pretty much every country in the world. A balance must be stricken, but weights on both platters are variable and subjective

      In the United States we already struck that balance (weighted strongly towards freedom at the expense of security). Attempting to change that balance without the consent of the people (expressed via amending the Constitution) is treason.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  4. How about warrants with probable cause? by gstoddart · · Score: 5, Insightful

    So instead of actually doing targeted investigations, you've decided that collecting everything about everybody is the best way to go about it, and if you happen to pick up unrelated stuff for which you had no probable cause, too bad.

    Sorry buddy, but just because you can't figure out how to do your job without turning the country (and the entire world) into the worst sort of Big Brother environment is YOUR problem.

    And since you've decided that the easiest way to do this is to spy on the whole planet -- fuck you, because the rest of the world hasn't consented to that and doesn't give a shit about the challenges of you doing your job in compliance with the law.

    All I'm hearing is "waah, how are we supposed to spy on just some people without effort, warrants, probably cause, and following the law?".

    --
    Lost at C:>. Found at C.
  5. Some Metadata by the+eric+conspiracy · · Score: 5, Insightful

    Dammit I don't mind him getting the metadata he actually needs tp defend the United States. What I object to is the idea that he gets ALL the metadata without showing any need for the vast majority of it.

    The 4th Amendment was written with the express intent of forbidding general warrants. Yet that's what we have.

    Stop it.

  6. Bingo. by Anonymous Coward · · Score: 5, Insightful

    Constitution first. If you can't do what you are trying to justify within the bounds of that very plain-language document, then you DO NOT DO IT.

    It would be easy to stamp out all domestic abuse. Just post a federal officer in every couples' bedroom.

    Same applies for violent crime with firearms; turn every home upside down and confiscate every firearm you find. If any "missed" or hidden turn up later, immediate death penalty. Possession or use after this point - also immediate death penalty.

    It would sure make the cops' jobs easier! We should totally do that! Except it's flagrantly in violation of both the spirit and the word of the Constitution - just like the NSA's metadata dragnets - so too fucking bad.

    Do your jobs above board, according to the law. You know, those pesky things you make and ignore, but we serfs have to follow? Those.

    1. Re:Bingo. by Archangel+Michael · · Score: 5, Insightful

      The People are the Militia, this is already established. This was the Minutemen view, average people to be "ready at a minute's notice". This requires regulation (order, not codes of laws). When read with this understanding, it is almost an imperative of the people to be armed, and ready to revolt against tyranny, at a moment's notice. The state no longer fears the populace, because the populace has become dependent upon the state. We already have the most of the necessary ingredients for tyranny in place. The last bit is taking away the rest of the arms the people have. AND you have the people (a large number) clamoring for "Assault Weapons Ban", "Hand gun ban" at every tragedy.

      Thus, the old quote "They who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."

      Tyranny, creeps and sneaks upon us and before we know it, we've voted in a tyrant who will not cede power ever. The left feared tyranny under GWB, and the right fears it under BHO, the problem is, both are only partially correct. They miss the point, the ingredients already exist. They hate the other guy's tyrant, but do not rightfully fear their own.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    2. Re:Bingo. by phantomfive · · Score: 5, Interesting

      The left feared tyranny under GWB, and the right fears it under BHO, the problem is, both are only partially correct.... They hate the other guy's tyrant, but do not rightfully fear their own.

      This, IMO, is the most sadly hilarious thing in American politics today.

      --
      "First they came for the slanderers and i said nothing."
  7. Well there you have it... GAME OVER, NSA by TheRealHocusLocus · · Score: 5, Insightful

    So, despite its long and productive pre-history as a Black Chamber and special-ops division during the Cold War -- before the dawn of the Internet -- now the NSA claims that the only way they can do their job is to do things we find to be unacceptable.

    Turn. It. Off.

    Thanks for making it easy.

    --
    <blink>down the rabbit hole</blink>
  8. Headline should have read by kjshark · · Score: 5, Interesting

    "NSA Director Keith Alexander, testifying before the Senate this week admitted he's not qualified to protect us from terrorism." He said " I have a limited imagination and can only come up with one illegal solution to the problem". This is despite the fact that many terrorist plots have been discovered without violating rights, and his spying solution has failed to stop others. All he has is a hammer so every problem looks like a nail.

    --
    The difference between truth and fiction is that fiction has to be plausible.
  9. Freedom isn't free by doas777 · · Score: 5, Insightful

    The cost of freedom is that you must acknowledge that you must remain vulnerable to attack. Otherwise you destroy the freedom you are supposedly trying to protect.

    In this case, that the job exists at all is the problem. That makes the solution simple and elegant. The only remaining issue, is accepting that everytime somthing bad happens, we are necessarilly limited in our ability prevent it.

    The government cannot ever make me safe. all they can do is protect my liberties, and over the last 12 years they have been doing a piss-poor job of it.

  10. Connecting the dots by SirGarlon · · Score: 5, Insightful

    "There is no other way that we know of to connect the dots."

    Given that the NSA utterly failed to "connect the dots" before Sept. 11, 2001, before the shoe bombing attempt, before the underwear bombing attempt, before the Times Square bombing attempt, before Tim McVeigh and Eric Rudolph and Ted Kaczynski and the Boston Marathon bombers, I would say the illegal methods by which trying to "connect the dots" aren't worth a damn, either. Not for their publicly-stated purpose of foreseeing a future terrorist attack.

    If he's talking about "connecting the dots" *after* an attack, then it should be pretty goddamn easy to get a warrant for that investigation.

    --
    [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
  11. Assumtion is incorroct. by VortexCortex · · Score: 5, Insightful

    How am I supposed to spy if we don't collect data?

    The question assumes that spying is needed. This is an unproven assumption. We have no evidence the spying is needed or beneficial, it has been proven only harmful or at best useless.

    We're not threatened by other large nations because we have Mutually Assured Nuclear Destruction. Therefore the scaremongers had to invent a new bogieman: Terrorism. The threat is inconsequential. Falling in the bathtub is a greater threat to American lives than terrorism. You're about 4 times more likely to get struck by lightning than die in a terrorist attack. Accidents and Heart Disease kill FOUR HUNDRED TIMES more people EVERY YEAR than a 9/11 scale attack. When you compare the threat of terrorist attack to any other real threat to human lives their scaremongering doesn't match the facts.

    Six times more people die from the flu every year than a 9/11 scale attack. We need proportional protection. The budget to protect us from terrorists is out of control. The anti-terrorism budget should be AT MOST one sixth of the budget we spend on ant-flu or 1/200th of the anti-accident budget, 1/200th the anti-heart-disease budget. How much does the government spend to protect citizens from lightning attacks? Is it FOUR TIMES the NSA's budget?!

    The government needs no secrets. Our army is big enough and we are powerful enough that we need keep secret nothing. If nothing is secret, you need not fear spies, eh? They've taken the limited power we gave for them to have secrets, and used it against their own people to create a Stasi-like despotic apparatus -- The very thing our soldiers have fought against. Who will answer the call to fight for a government who's action has become indistinguishable from the enemy? The NSA has damaged us, stripped our honor, and shamed us in the world's eyes, our technology sector is suffering due to distrust. The NSA is a threat to national security.

    The people should KNOW they can trust their government. We must not allow them to keep secrets. No one has proved the secrets are needed. We are brave enough to risk 400 times the threat of a terrorist attack by driving to McDonald's for a kid's Happy Meal. The public shouldn't have to wear tinfoil hats fearing government spying of citizens unless the government is also handing out lightning insulation suits. We should be able to prove their actions are not harmful to the people or violations of our constitution. We can't do this if there are secret unconstitutional actions.

    PRISM is not the first spying apparatus. There was Omnivore, Carnivore, ECHELON, Five-Eyes, and more. Remember how the PATRIOT Act granted immunity to the ISPs retroactively for their assistance in violating the 4th amendment? Yes, remember BEFORE 9/11 how the NSA had secret rooms in telco buildings where all the fiber optics ran through -- Where it was apparently split by mirrors to create PRISM? BEFORE 9/11?!?!!?! OK, NSA. Your fucking move. Prove you are not fucking pointless, you fuckers had your decades of spying on all communications and you FUCKING FAILED to prevent the worst terrorist attack we've ever faced! We even gave you MORE powers and you FAILED again to prevent the Boston Marathon Bombing. The ball is in your court to stand down, the evidence is not in your favor, pushing the issue will get you eliminated for good.

    Expensive + Useless = Unnecessary; NSA == Unnecessary.
    I'm a scientist, so before we agree to continue funding for these expensive and pointless pork-spending protection systems, including the DHS, I need hard evidence that they are needed. As it stands the facts prove these expenses should be stripped from the budget and given to health care, and research, or at the very least, NASA. The biggest thre

  12. Framing by Guppy06 · · Score: 5, Interesting

    Asking for "a better way to do X" presumes that X should be done to begin with.

    "Help us find a better way to torture prisoners!"

    Naturally the Senate didn't challenge him on this presumption just as it didn't hold him accountable for lying to them to begin with.

  13. Re:Why do libertarians complain so much? by therealkevinkretz · · Score: 5, Insightful

    What a dolt.

    You don't own the phone lines, either, or the Postal Service, right? But (landline) phone calls, and (snail-) mailed correspondence are long understood to have First and Fourth Amendment protections.