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Senator Bernie Sanders Asks NSA If Agency Is Spying On Congress

cold fjord writes with this excerpt from Fox News: "A U.S. senator on Friday pressed the National Security Agency on whether its controversial spying practices extend to monitoring members of Congress. 'Has the NSA spied, or is the NSA currently spying, on members of Congress or other American elected officials?' Sen. Bernie Sanders, I-Vt., asked in a letter to NSA Director Gen. Keith Alexander released from the senator's office. Sanders, a self-described 'democratic socialist,' defines spying as monitoring the phone calls, emails and internet traffic of elected officials."

35 of 363 comments (clear)

  1. Well, uh... by msauve · · Score: 4, Insightful

    The NSA has already shown a willingness to lie to Congress, what does he expect? They're an equal opportunity usurper.

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
    1. Re:Well, uh... by Anonymous Coward · · Score: 5, Funny

      Head of NSA: We swear that we aren't conducting illegal spying on any individual member of Congress.
      Sen. Sanders: Pinky swear?
      Head of NSA: Pinky swear! Um, but not with that hand. We know what you've been doing with that hand.

    2. Re:Well, uh... by Anonymous Coward · · Score: 4, Insightful

      we aren't conducting illegal spying on any individual member of Congress.

      Hair splitting truth!

      What IS going on:

      we are spying on all members of Congress and everyone else.

    3. Re:Well, uh... by glavenoid · · Score: 5, Interesting

      Incidentally, the comments on the fox news site are/were a bit amusing: on the one hand there's a "democratic socialist" asking important questions that might "impeach Obama", but on the other hand he's still a '"democratic socialist" so he's wrong by default. But hey, at least we have Ted Cruz to assure us this question is one “millions of Americans would like answered.”

      --
      I, for one, am looking forward to the inevitable /. beta rollout fallout.
    4. Re:Well, uh... by ebno-10db · · Score: 5, Insightful

      The NSA has already shown a willingness to lie to Congress, what does he expect?

      To make some important points. To anyone who needs it spelled out, the question serves two purposes. First, it plants a concern in people's minds by suggesting a possibility. Second, when the NSA is caught spying on congress, it's one more lie to hang them by (a fellow can hope, can't he?). It's all the better question because his fellow congresscritters will be more upset by the NSA spying on them than mere constituents.

    5. Re:Well, uh... by M.+Baranczak · · Score: 5, Insightful

      Some people are just gullible.

      Come on, you really think Bernie Sanders doesn't know that they're liars? Maybe he just wants to get them on the record as telling (yet another) lie.

    6. Re:Well, uh... by __aaltlg1547 · · Score: 4, Interesting

      Actual question from the letter:
      "Has the NSA spied, or is the NSA currently spying, on members of Congress or other American elected officials? ‘Spying’ would include gathering metadata on calls made from official or personal phones, content from websites visited or emails sent, or collecting any other data from a third party not made available to the general public in the regular course of business.”

      "Yes, Bernie. You're being treated like a criminal too, because terrorism."

    7. Re:Well, uh... by akozakie · · Score: 5, Insightful

      Here's hoping that he actually has some proof that they do. If so, this is a very smart move. If they say "yes we do", Congress will be forced to react immediately in some way, at least for PR reasons. If they say "no we don't" and he proves they're lying, then at least some officials will lose their jobs and/or land in jail. Just showing proof without this question would achieve very little - some fake outrage and no consequences.

      If he has nothing... He's either gullible, just trying to show activity or simply hoping some proof will come up. He might be right - if there's anything like that in Snowden's documents it will soon appear if they officially deny.

    8. Re:Well, uh... by HornWumpus · · Score: 4, Insightful

      I'm willing to bet the majority of congress knows exactly what the NSA has on them. It was discussed last time the NSA gave them their voting instructions.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    9. Re:Well, uh... by drgould · · Score: 4, Insightful

      What IS going on:

      we are spying on all members of Congress and everyone else.

      And it's all legal, according to their interpretation of the law.

      You forgot that part.

    10. Re:Well, uh... by Anonymous Coward · · Score: 5, Informative

      To be fair to the NSA, if you're looking for a group of people who are looking to destroy the USA, based on the evidence, Congress would be a very good place to start your search.

    11. Re:Well, uh... by Solandri · · Score: 5, Insightful

      Here's hoping that he actually has some proof that they do. If so, this is a very smart move. If they say "yes we do", Congress will be forced to react immediately in some way, at least for PR reasons.

      There is nothing to "react immediately" to. This isn't some rogue NSA operation. The House and Senate already knew NSA was doing this, or at least part of them did. The Intelligence Committees of the House and Senate are the ones who are tasked with deciding which classified projects are created and approved, and sit in the classified briefings where progress on such programs is discussed. They're the ones who created this program and steered challenges to it through the FISA court so that it would remain secret and legal.

      Sander's isn't doing this because he has some big reveal he's hiding. He's just using this as a way of skirting the taboo against senators directly criticizing other senators, by instead criticizing the program those on the Intelligence Committees approved. In all likelihood the answer to his question is yes, unless the phone company has some special database entry which flags which phone numbers belong to members of Congress so their metadata is not included in that sent to the NSA.

      In the bigger scheme, this is just a part of the whitewalling to dump the fallout from this onto the NSA in the mind of the public. By acting shocked and dismayed at the program, the politicians in Congress and the White House can appear to be innocent in all this when in fact they were the ones who created this program and created the laws which made this program legal (albeit Constitutionally sketchy).

    12. Re:Well, uh... by FuzzyHead · · Score: 5, Interesting

      I think there is something deeper to this. Even with no evidence that the NSA is spying on congress, he can still put them on a very difficult dilemma. The problem is as follows. If the NSA says yes, then they will admit to spying on the rulers of the US and opening up the possibility of blackmail implications, but best of all turning Congress against the NSA. If the NSA says no, then he can ask the NSA why they spying on the American public and not Congress when no laws should be applied differently.

      My guess is that the NSA will reply something like, "We do not separate data between regular citizens nor congress men, but we further do not actively seek out data on any congressman or government official."

  2. Well yes! Of Course! by erroneus · · Score: 5, Interesting

    It's for their protection. Don't the congressmen need to be safe like the rest of us?

  3. Wont the "terrorists" just become congress members by dk20 · · Score: 5, Funny

    I mean if they are "exempt" from being spied on it seems logical the "terrorists" would become members of congress and avoid being spied on.

  4. Of course they do. by SuricouRaven · · Score: 5, Interesting

    I've debated many 'True Patriots' before. The type of mindset that the NSA probably attracts. A common mode of thought for them is that the US must be protected from all enemies, forign and domestic - and that 'domestic' includes members of congress who support 'un-American' ideas. Democracy is too important to be entrusted to a democratic process.

  5. Re:oh sure by Anonymous Coward · · Score: 5, Informative

    Sorry bud but you don't know who Bernie Sanders is if you make a comment like that.

  6. I hope they are... by wjcofkc · · Score: 4, Insightful

    And if so I hope they either:

    a. Admit it.
    b. Deny it then get caught lying about it.

    Either way the fallout would be both spectacular and likely productive from a citizen standpoint. If either a or b happens and it gets swept under the rug, then at least we can be certain that the United States is no longer run by the United States government. Sometimes I wonder if I will one day be answering the question, "Where were you when the Constitution and Bill of Rights were permanently suspended?"

    --
    Brought to you by Carl's Junior.
    1. Re:I hope they are... by Fnord666 · · Score: 4, Insightful

      Sometimes I wonder if I will one day be answering the question, "Where were you when the Constitution and Bill of Rights were permanently suspended?"

      It's more of a "how do you boil a frog?" type of gradual decay. The question will be more of "Where were you when you realized that they had suspended the last of the Bill of Rights and the Constitution?". In either case the answer will likely be on the day that they come for you.

      --
      'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
  7. Proof he's not qualified to ask the question. by PsychoSlashDot · · Score: 4, Informative

    At the very least, blanket metadata capture means the answer is absolutely, positively, unrepentantly YES.

    --
    "Oh no... he found the .sig setting."
  8. Re:oh sure by Intron · · Score: 5, Insightful

    now that HE might be being spied on he suddenly cares?

    Congress has constitutional protection from the executive branch, so spying on them would likely be a major problem, even if spying on the rest of us is "legal". Also, lying to Congress is frowned upon. I think this puts Alexander in a real bind if he has to sign a letter to Congress.

    --
    Intron: the portion of DNA which expresses nothing useful.
  9. Clarification of Spying by Felix+Da+Rat · · Score: 5, Insightful

    One of the things Bernie did worth noting is clearly stating what he means as spying:

    "Spying" would include gathering metadata on calls made from official or personal phones, content from websites visited or emails sent, or collecting any other data from a third party not made available to the general public in the regular course of business?

    Part of me thinks he has evidence of them engaging in something like that, much like Wyden asking Clapper about the wholesale collection effort. But with the clarification, and coming in written form, it makes a 'Not Wittingly' answer less liely (granted, Wyden did forewarm Clapper of the question, and did give his office time to change their answer afterwards).

  10. Who cares? by Patent+Lover · · Score: 4, Insightful

    If you're going to give this idiotic organization an unlimited budget with zero oversight you reap what you sow.

  11. They should be by MikeRT · · Score: 4, Interesting

    In an ideal system, the NSA would be by law required to wiretap all public officials and directly publish their communications to the Library of Congress with a daily transcript of "dirty conversations" sent to the FBI and appropriate OIG for human analysis. Given how Congress operates these days, and how successful they've been at pushing back on FBI attempts (post ABSCAM) to reign in congressional corruption, part of me while deeply opposed to what the NSA has been caught doing wants to see the NSA ordered to go Stasi on them.

  12. Double question by flyingfsck · · Score: 5, Insightful

    Multiple questions never work when you deal with spooks. If the answer to any part of the question is no, then they will simply answer no.

    It can be very annoying when you work with spooks. They will look you carefully in the eyes, consider what you asked and and after a few seconds answer with a one liner, that never actually tells you anything.

    --
    Excuse me, but please get off my Pennisetum Clandestinum, eh!
    1. Re:Double question by Znork · · Score: 4, Insightful

      If they have even the slightest concern about appearing to care about legalities they're probably outsourcing it to GCHQ or one of their other partners who will do just enough (with NSA consultant personell if they feel like it) to cover the bare necessities. So of course they'll say no and of course they're spying on congress.

  13. Re:Well yes! Of Course! by Pharmboy · · Score: 4, Insightful

    More importantly, why is a member of Congress more important that I am? So it is bad to spy on me but REALLY BAD to spy on someone just because they are elected? Fucking elitism at its finest.

    --
    Tequila: It's not just for breakfast anymore!
  14. Re:oh sure by Antique+Geekmeister · · Score: 4, Interesting

    > so spying on them would likely be a major problem

    With the current NSA guidelines, as revealed by Edward Snowden's revelations, any communications with foreign nationals would automatically be susceptible to monitoring. So it's certainly a common practice with the pervasive, wholesale telephone and email monitoring currently in place: Congress is _expected_ to speak with foreign governments as part of diplomacy, trade agreements, investigating treaties. and on behalf of foreign families of their constituents.

    Whether more targeted monitoring of Congress is done by the NSA is another matter. The NSA's charter specifically forbids them from domestic intelligence, that's the role of the FBI. And for human assets in foreign intelligence, not direct communications monitoring, that's the CIA. But of course, with the new "Homeland Security" overseeing all the group's efforts, the lines have become not only blurred but deliberately concealed. When the responsibilities are deliberately overlapped and merged "to aid communication", it puts the tools of one group for specific uses in the hands of their supervisors who may have quite different agendas or guidelines. I'd look very, very carefully look at "Homeland Security", at the people who are expecte merge and organize the data and precisely what they are ordering or being allowed access to.

    They've managed to keep out of most of this NSA exposure. But as an "organizing" agency for all the other departments, they're in a very dangerous position to weave those threads together into a much tighter cocoon of monitoring at every level.

  15. Re:Well yes! Of Course! by Daemonik · · Score: 5, Insightful

    A member of Congress or the Senate on a day to day basis will deal with 100x the sensitive material you will. Furthermore there's the question of who gets access to the records & can they abuse it to blackmail govt. officials or otherwise effect policy decisions.

    So yes you are not a special snowflake.

  16. Re:Well yes! Of Course! by Pharmboy · · Score: 5, Insightful

    The NSA isn't spying on them to get that information. My point still stands, the NSA shouldn't be spying on anyone without a valid warrant signed by a judge, just as the constitution clearly states. That they are elected doesn't make them better than you or I, and their outrage should be the same regardless of who is being spied upon without a warrant.

    --
    Tequila: It's not just for breakfast anymore!
  17. He asking the wrong people by Bruinwar · · Score: 4, Insightful

    He might want to ask Edward Snowden. If he really wants to know.

    --
    SLOWER TRAFFIC KEEP RIGHT
  18. Re:Well yes! Of Course! by Daemonik · · Score: 5, Insightful
    Seriously?
    1. a) Nobody knows exactly what information the NSA collects. They might very well have an extensive workup on everyone in Congress.
    2. b) It's not a matter of better or not better. It's a matter of access to sensitive information & ability to effect the nations laws. Nobody is going to blackmail Joe Schmoe to pass laws benefiting them but they certainly might Joe Congressman.

    So yes, spying on anyone without a warrant is bad, but spying on government officials is worse.

  19. Re:Well yes! Of Course! by __aaltlg1547 · · Score: 4, Insightful

    According to the FISA courts, all warrants are valid by virtue of having been issued by the government for an alleged national security purpose.

  20. Re: Let all of them spy.... by AlterEager · · Score: 4, Informative

    What, no love for the USPS?

    Are you not up to date?

    The USPS is spying on you.

    They photograph and archive the metadata (i.e. envelope info) of every single piece of mail.

  21. Stop me if I'm wrong, but... by BringsApples · · Score: 4, Interesting

    ...isn't congress (supposed to be) made up of regular ordinary US citizens? Hasn't a federal judge ruled that the NSA's spying techniques are legal? So what's the news here?

    --
    Politics; n. : A religion whereby man is god.