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White House To Propose Ending NSA Phone Records Collection

The New York Times reported last night that the White House is planning to introduce a legislative package that would mostly end the NSA's bulk collection of phone records. Instead, phone companies would be required to hand over records up to "two hops" from a target number. Phone companies would be required to retain records for 18 months (already legally mandated) instead of the NSA storing records for five years. It does not appear that secret courts and secret orders from the court would be abolished, however. From the article: "The new type of surveillance court orders envisioned by the administration would require phone companies to swiftly provide records in a technologically compatible data format, including making available, on a continuing basis, data about any new calls placed or received after the order is received, the officials said ... The administration’s proposal would also include a provision clarifying whether Section 215 of the Patriot Act, due to expire next year unless Congress reauthorizes it, may in the future be legitimately interpreted as allowing bulk data collection of telephone data. ... The proposal would not, however, affect other forms of bulk collection under the same provision."

30 of 208 comments (clear)

  1. Sure by Stumbles · · Score: 5, Insightful

    This "call" no doubt falls into the same category of the Patriot Act Obama railed against as a Senator but has since expanded.

    --
    My karma is not a Chameleon.
    1. Re:Sure by NotDrWho · · Score: 4, Interesting

      And considering the long and illustrious history of the NSA flat out LYING to the American people, Congress, and even the President himself; I wouldn't trust them to actually implement any change even if Congress passed 100 laws mandating it and the President made a pinkie promise that they were going to follow them.

      Shit, I wouldn't trust them if they told me if was daytime outside and my watch read 1 p.m.

      --
      SJW's don't eliminate discrimination. They just expropriate it for themselves.
    2. Re:Sure by Charliemopps · · Score: 2

      There is. Fire everyone involved. Close the facilities. Make them into museums for people to visit and see the follies of our past. That how this will eventually end anyway, it's just a matter of how bad we're going to let it get before we do it.

    3. Re:Sure by rmdingler · · Score: 2

      None of the 545 people responsible for everything that is allowed in this Country work at those two outfits.

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

      Ernest Hemingway

    4. Re:Sure by Anonymous Coward · · Score: 4, Funny

      But look,we're going to downgrade our activities from Deplorable to Reprehensible!

    5. Re:Sure by MachineShedFred · · Score: 5, Insightful

      Or, more appropriately, the NSA is part of the executive branch.

      Obama is the Chief Executive.

      If he really wanted to stop this shit, he could issue an executive order stopping this shit. Congress never passed a law requiring the NSA to collect this data; Obama could stop this shit RIGHT NOW if he wanted to.

      But he doesn't want to. He wants to pass the buck, and blame a gridlocked Congress when the House does what the House does - shitcan any proposed legislation coming from this White House.

      This is just a cheap and cynical play to score some points before a midterm election. Obama has exactly zero intentions of actually shutting this down.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    6. Re:Sure by CrimsonAvenger · · Score: 4, Interesting

      Obama is the Chief Executive.

      If he really wanted to stop this shit, he could issue an executive order stopping this shit. Congress never passed a law requiring the NSA to collect this data; Obama could stop this shit RIGHT NOW if he wanted to.

      Just so.

      Recently, Congress got upset when it discovered that the CIA was monitoring their use of a certain computer.

      When the congresscritters (who were Dems) started yelling about it, Obama's response was that he was going to remain "neutral" in this argument between CIA and Congress.

      So, the head guy in the Executive Branch, when the Executive Branch gets into a shouting match with the Legislative Branch is going to be NEUTRAL???

      He's either in favour of the CIA behaving as it did (whether the CIA is right or wrong in this case is not relevant), or he's not really in charge of his own branch of government.

      Which, in either case, makes him a (let's keep this polite) less-than-good President.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    7. Re:Sure by DarkOx · · Score: 3, Insightful

      How about we start with just not renewing the PATRIOT act. That would probably still leave plenty of room for way over line surveillance but it would be a good start.

      911 was a decade and a half ago, we don't need it anymore; because the only reason we ever needed it was a purely psychological one where people had to feel the government was "doing something".

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    8. Re:Sure by Marble68 · · Score: 2

      Check out "Winning by losing".

      For example, during the gun control debate, the Senate bill was loaded with the most insane crap ever; thus ensuring it would never pass.

      This is a typical ploy by this Administration; to triangulate the opposition to being the the opposite side of an issue.

      1) Propose legislation you tell the public is to stop NSA snooping
      2) Poison it with a massive, unconstitutional, and exploitive expansion of authority for the FCC
      3) Refuse to compromise on the removal of destructive legislation
      4) Demonize congress when they won't pass it
      5) Profit... ?

      If nobody bothers to actually READ a bill, then everybody seems to believe a bill is what a politician says it is.
      Said: "This is a bill to stop NSA spying."
      Unsaid: "This is a bill to stop NSA spying but instead give the federal government the ability to force private businesses to do it and assume all the legal risks and costs, and thus pass these costs on to the consumer. And it also will set the precedent that people who own a business give up the right to their labor and are subject to the political whims of which ever party is in power."

      --
      /me sips his coffee and ponders a new sig...
    9. Re:Sure by HermMunster · · Score: 3, Informative

      It isn't a spat. President Obama can't stay neutral, because the people under his authority have violated the constitution (on face value) and a slew of other federal crimes. When people under your authority commit crimes you can't stay neutral.

      --
      You can lead a man with reason but you can't make him think.
  2. They aren't ending anything by sjbe · · Score: 5, Informative

    The New York Times reported last night that the White House is planning to introduce a legislative package that would mostly end the NSA's bulk collection of phone records.

    They have no intention of ending it, they just are forcing others to do it for them. Basically instead of you and I paying for the NSA to spy on us with tax dollars were going to pay the NSA to spy on us with our phone bills instead. Just because they privatize the burden of data collection doesn't mean they are ending anything.

    Instead, phone companies would be required to hand over records up to "two hops" from a target number.

    What this means in practice is that if you and I both call FedEx that is considered a "hop" and now our numbers are linked. They essentially can use any commonly called number to get to anyone else and you can cover a HUGE percentage of the population with a few common phone numbers. This is a "limitation" that really isn't a limitation.

    1. Re:They aren't ending anything by nine-times · · Score: 3, Insightful

      Just because they privatize the burden of data collection doesn't mean they are ending anything.

      No, I think that depending on the implementation, it's a huge difference. I honestly don't have a problem with law enforcement collecting phone records, so long as they are able to get a warrant that is in keeping with the 4th amendment. I also don't have a problem with them saying to phone providers, "You must keep the phone records we might solicit for a period of X months, in case we do solicit them, and you must have the infrastructure to provide that information in a timely manner." Assuming it's easy, reasonable, and effective for phone carriers to do that, I don't really have a problem with the idea.

      And I do think there's a huge difference between that and the NSA collecting the data themselves. The problem I have with the NSA spying is specifically that they collect and store this information on their own servers. The metaphor I've used to describe my problem with the NSA wiretapping is that the physical equivalent would be as though they regularly rifled through your belongings and recorded potential evidence, and then say, "But that's not a 4th amendment violation because we promise not to look at or think about this evidence unless we think you've done something wrong!" To that I say, no, you need to get the warrant first, and then you can collect evidence. You can't collect evidence first and then later get a warrant to use that evidence, since that system is too easy to abuse.

      Of course, they should still have to get a real warrant, and not through some secret court where the charges and proceedings are all hidden from the public.

    2. Re:They aren't ending anything by sjbe · · Score: 2

      I honestly don't have a problem with law enforcement collecting phone records, so long as they are able to get a warrant that is in keeping with the 4th amendment.

      I do when they don't have a specific reason to collect them given that the government has proven all too willing to circumvent or even flat ignore the 4th amendment. The reason to collect the records has to come before the collection of the records and that reason should be vetted by a court that is answerable to the electorate rather than some secret court with no accountability whatsoever. If they want to provide some evidence that what they are doing is helpful to national security then they can release that information and we can let the electorate debate the issue. Otherwise the default answer should be "no you can't have it".

      Assuming it's easy, reasonable, and effective for phone carriers to do that, I don't really have a problem with the idea.

      It isn't as easy for the phone companies as one might think. My father used to work in engineering for AT&T so I've been in a bunch of central offices with him. Not all the phone companies equipment is digital and some is positively antiquated. Ever wonder why you still need to dial a 1 before a lot of long distance numbers? That's a hold over from obsolete technology (it connects you to an outside circuit) but isn't actually necessary with digital switches. The reason we still do it is because central offices often still have a lot of old gear that has not yet been replaced because it works fine. It's slowly being replaced but the key word is slowly. Plus collecting this data isn't cheap and having the staff to respond to the inevitable flood of inquiries isn't cheap either.

      Basically it's not easy, I'm not convinced it's reasonable and we have no way to determine if it is effective.

      And I do think there's a huge difference between that and the NSA collecting the data themselves

      I think it is going to be a distinction with little practical difference. The phone companies have been nothing if not pliable on this issue, the FISA court appears to only possess a stamp made of rubber, and practically speaking with the 2 hops rule they can get to almost anyone thanks to commonly called numbers. So they get a "warrant" and call AT&T and say "give me every bit of data within 2 hops of Joe Schmoe". Unless Joe Schmoe is a hermit, odds are that is going to be a huge amount of data because in most cases Joe will have called utilities, customer service numbers, pizza shops, etc, all of which will get you to a very large number of people.

  3. Still properly tantamount to investigation without by Anonymous Coward · · Score: 4, Insightful

    I was in the US embassy a while ago to pick up a work visa.

    There was a quote from one of the founding fathers, John Adams;

    "There is danger from all men. The only maxim of a free government ought to be to trust no man living with power to endanger the public liberty."

    There is nothing safe about the Government having this power *because* it is the Government.

  4. Status quo? by CrimsonAvenger · · Score: 2

    So, this new proposal changes where the records are stored, and not much else? The NSA can still get anything it wants with a warrant from a secret court, but now they won't have to go to the trouble of gathering the data directly.

    Plus there's the bit where this new proposal would codify the legality of what the NSA has been doing (and will continue to do).

    So about the only real functional change will be that the phone companies will be required to do the work for the NSA, plus the NSA will get a pass from the courts on the legality of the whole business, once it's declared legal by Congress.

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"
  5. Talk is cheap by Joce640k · · Score: 2

    This proposal will get a lot of publicity.

    The "rejected" vote will come after the next elections and will be played down by the media...

    --
    No sig today...
  6. Why the focus on some archaic communication tool? by ron_ivi · · Score: 2

    Why all the focus on some archaic form of communication that's more a historical curiosity a few old people cling to than a relevant tool? I guess politicians are such old people? It'd be more interesting if they proposed a law to end bulk collection of Internet traffic.

  7. Bull fucking shit by PeeAitchPee · · Score: 4, Insightful

    These people -- the NSA, the House and Senate Intelligence Panels, and the President himself -- have LIED to the American people and our supposed allies at every possible turn during this process. They would have never even admitted these programs existed at all -- it was only Snowden's actions that forced their hands. Why the hell would anyone ever believe them now? We're to believe they're going to simply stop doing this? Without any real oversight or transparency? The sad thing is that most of my countrymen are stupid or apathetic enough (or both) to believe them.

    1. Re:Bull fucking shit by Tsingi · · Score: 4, Insightful
      Pretty much.

      Welcome to the latest and most provactive episode of: government v.s. the people.

      Who does the government work for these days?

      It's the beginning of the end.

    2. Re:Bull fucking shit by liquid_schwartz · · Score: 2

      I'm going to call the statement "beginning of the end" optimistic. I think we're well past the beginning. I ask myself if we're still in the middle or if this drama is drawing to a close. But we're definitely past the beginning of the end.

  8. Re:Why the focus on some archaic communication too by Agares · · Score: 2

    Considering most people use smart phones these days "phone records collection" I am sure can mean a lot of things. Not just who you call, but what is on your phone as well I reckon.

  9. Re:Why the focus on some archaic communication too by Tsingi · · Score: 2
    Yes. It's a hot product because it does a lot more than make phone calls. It brings Internet communications to your shirt pocket.

    I rarely use mine for phone calls.

  10. Snowden by Major+Blud · · Score: 5, Insightful

    This begs the quesion......if Snowden hadn't released this info, would this "change" be taking place? I wish I could say that this was an admission from the White House that what he did was right, but we know that's not the truth.

    --
    If you post as Anonymous Coward, don't expect a reply.
    1. Re:Snowden by spacepimp · · Score: 2

      These changes are an admission that what the US Government is doing is wrong. The US Citizens are pissed enough off that the President is trying to change face. This is a strong signal considering that a few months back, he said that nothing was being done without his knowledge and that it was all good and necessary.

      That alone means that Snowdens revelations were shocking enough for PR stunts to be necessary. So yes, it means Snowden was correct. But I wouldn't hold my breath for a pardon.

  11. Re:In principle, they shouldn't retain 30 days by Charliemopps · · Score: 2

    Well, I hate the NSA... but you're wrong there. I work for a telco and am involved in Billing software. There's plenty of reason to keep data around for a while. Disputes, bankruptcies, etc... not everyone pays their bill every month you know. But keep in mind, the only records we keep on call data are calls that cost the customer or the company money. So collect calls... long distance... etc... Keep data on local calls? Yea right... that's not even possible given that most switches are leftover from the 70s and quite literally have proprietary 20 megabyte drives (not kidding at all) If we had them log all calls, all day, they'd fill up in minutes.

    We get around the limits by having scrips log in and dump the data daily to a database. To collect everything would be insane... we'd be scraping the switch every 5min and they are NOT fast. To do what they are proposing we'd have to convert every small town switch to a newer "soft-switch" and that would be a very expensive, very complicated project that would involve hundreds of people. We'd need government grants I'd imagine as it would likely bankrupt most small Telcos. I think that even AT&T would balk at this. I doubt they capture any more data that we do. If this does go through and the feds fund the expansion, it'd improve the countries phone network considerably but it would also increase the NSA's data collection capability several orders of magnitude. They'd have EVERYTHING... not just those calls that generate revenue.

  12. Re:Agreed by Entropius · · Score: 2

    Because everyone, rich or poor, East or West, has wound up waiting on hold with Comcast Customer Service for an hour to get told for the Nth time to reboot their router.

  13. Give me a break by scrubed · · Score: 2

    I'm sure the NSA fully plans to adhere to these laws with zero oversight and their own personal secret court they use to fly in the face of democracy. They have such a proven track record in the past of adhering to laws and privacy.

  14. CIA/NSA is a front for criminal activity by globaljustin · · Score: 2

    If he really wanted to stop this shit, he could issue an executive order stopping this shit

    Bullshit. This is absolutely inaccurate & blows your whole premise. Obama is the head of the Executive Branch but that doesn't mean he has absolute Fiat power over all policies

    Obama can't just declassify all classified documents or delete a whole organization by "executive order" for example...he can't just *delete* the Air Force from the Defense budget.

    Just because Bush started two illegal wars with "executive order" doesn't mean its right or legal!

    You think the CIA & NSA are just, you know, totally cool with Obama and Congress trying to reform them?Look at what the CIA/NSA has done historically, just since the 80s. Take it back to the 50s & the CIA might legitamitly be called the **most evil organization of the 20th Centruty***

    The CIA is a front for criminal activity. A *very* good one.

    --
    Thank you Dave Raggett
  15. Re:Did you vote for Obama? by charles05663 · · Score: 2

    While I don't support Obama, Romney would be no different.

    Remember, the CIA and the NSA are have a high percentage of Mormons working for them.

  16. Re:was in quotations by Bartles · · Score: 3, Funny

    I don't think the words, "quotations", "executive orders", "responsible", or "criminals" mean what you think they mean.