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NSA Says Snowden Emails Exempt From Public Disclosure

AHuxley (892839) writes "The Desk reports on a FOIA request covering "... all e-mails sent by Edward Snowden" and the NSA's refusal to release all documents. "The National Security Agency has acknowledged it retains a record of e-mail communications from former contractor turned whistleblower Edward Snowden, but says those records are exempt from public disclosure under the federal Freedom of Information Act. In a letter responding to a June 27 FOIA request from The Desk, the NSA’s chief FOIA officer Pamela Phillips wrote that while the agency has retained records related to Snowden’s employment as a contractor, they are being withheld from public examination because, among other things, releasing the records 'could interfere with law enforcement proceedings, could cause an unwarranted invasion of personal privacy, could reveal the identities of confidential sources or would reveal law enforcement techniques and procedures.' Other records are being withheld because those documents were 'also found to be currently and properly classifiedand remains classified TOP SECRET, SECRET and CONFIDENTIAL.' The letter marks the first time the NSA has publicly acknowledged retaining communication and employment records related to Snowden’s time as a contractor."

42 of 231 comments (clear)

  1. "unwarranted invasion of personal privacy" by jeIIomizer · · Score: 5, Insightful

    And yet they don't seem to have any problem violating the fundamental rights of nearly everyone in and outside the US.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    1. Re:"unwarranted invasion of personal privacy" by xfizik · · Score: 2

      I don't think they care about violating rights of the U.S. citizens. And they care even less about those outside the U.S. It's too bad that the American allies don't care about their citizens' privacy either.

    2. Re:"unwarranted invasion of personal privacy" by DoofusOfDeath · · Score: 5, Interesting

      "Any excuse will serve a tyrant." -Aesop.

    3. Re:"unwarranted invasion of personal privacy" by Anonymous Coward · · Score: 2, Insightful

      Since you want to limit this to the intent of the Founders, could you quote the section of the US Constitution that establishes the right to privacy?

      If the constitution does not say that the government has the power to do something, then it doesn't. Furthermore, the 4th amendment places limitations upon the government that may have been necessary due to earlier sections of the constitution. The limitations placed on the government's powers enable a greater degree of privacy to exist. The right to privacy is the default, and it is also implicit.

      General warrants are unconstitutional. Further, it's plainly obvious that this practice would have been explicitly forbidden had it been used against the founders, similar to how practices were. There's no way this *is not* unconstitutional in a place that's often called "the land of the free." You disagree with me because, deep in your heart, you'd rather be living in North Korea. Why not just admit it and try to move there?

      You are apparently a part of the "Americans must die bravely from terrorist bombings in shopping malls or we aren't free" crowd.

      A more accurate phrasing of that would be, "Americans, between risking death and losing fundamental freedoms, should do the former." You disagree. You are an authoritarian scumbag. Why not just admit what everyone already knows?

      Like many on Slashdot you probably confuse liberty with license

      Like all of your kind, you confuse license with liberty.

    4. Re:"unwarranted invasion of personal privacy" by jeIIomizer · · Score: 2

      The NSA is, at this very moment, violating the constitution and people's rights by conducting mass surveillance on almost everyone. In what way is pointing this out and saying it is a bad thing in any way silly?

      We're supposed to be 'the land of the free.' Our constitution only gives the government limited powers. Why is that? Because governments can't be trusted, and authority will be abused. We have to be cautious of the powers the government actually does have, let alone the ones that it just takes for itself. Distrust of government is a very important principle of this country, and it's also completely rational considering the hundreds of millions of people abused and/or killed by governments throughout history. I have to point this out so many times because you people are ignorant and believe the government is full of perfect little angels who could never abuse their powers or make mistakes, which ignores history entirely.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    5. Re:"unwarranted invasion of personal privacy" by rtb61 · · Score: 2, Insightful

      You seem to have forgotten that the NSA were doing a damn sight more than just gathering phone metadata. That's the only thing the US government is willing to discuss with a US agency even when the head of that agency perjured himself to the US government in a public hearing under oath. Metadata, metadata, that's now just a pretend catch cry to make it look like the government is doing something about an out of control agency.

      They were intercepting everything thing they could, internet communications, email, cell phone calls, land line calls, hacking computer networks, purposefully weakening internet securing to keep the hacking easy, disrupting encryption methods and basically trying to get all the electronic data they could get on everyone . They specifically targeted US politicians and look how well that worked out for them, now it ho hum metadata from US politicians and ignore the perjury, ignore politically targeted wire tapping, pretend it all never happened, now why are they really doing that, what is the NSA keeping secret about the politicians that are meant to control the NSA.

      --
      Chaos - everything, everywhere, everywhen
  2. Snowden / Binney 2016 by Bob9113 · · Score: 5, Interesting

    Snowden / Binney 2016!

    That image is my original artwork (with friendly tips from Slashdot user Indigo), copyright 2014 Robert Bushman, licensed under CC by-nc-sa. It is properly sized for a 2.75" by 5" sticker with .125" bleed at 300 dpi. I'm getting them printed at psprint.com (I recommend doing a search for "vinyl bumper stickers", since they often have a coupon running on Duck Duck Go). I haven't seen my physical proofs yet, but the on-screen color conversion looked good to me. Please feel free to print a stack and spread them far and wide.

    1. Re:Snowden / Binney 2016 by Bob9113 · · Score: 5, Informative

      who is binney

      But, maybe my previous response was too snarky...

      Sometimes people say, of Snowden, "He should have gone through official channels."

      In 2001, William Binney did exactly that. Ever since then, Binney had been harrassed and prosecuted by the government, and marginalized and ignored by the media -- until Snowden embarrassed the major media with the help of Glenn Greenwald and The Guardian. Binney (and Drake before him) is why Snowden was right not to go through official channels; that method had been tested and found to fail.

  3. The Existence of a "United States of America" by Jeremiah+Cornelius · · Score: 5, Interesting

    No longer inhabits the constitutional legal framework of its purpose or foundation.

    It is an illegal institution, with no basis for either loyalty or obedience.

    --
    "Flyin' in just a sweet place,
    Never been known to fail..."
    1. Re:The Existence of a "United States of America" by DoofusOfDeath · · Score: 3, Interesting

      America no longer has distributed agriculture or fuel production. A revolution, however warranted, would lead to an unimaginable amount of freezing and starvation within the first two winters, I'd wager.

    2. Re:The Existence of a "United States of America" by KiloByte · · Score: 5, Funny

      Are there any Indians left you could mooch from during these two winters?

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    3. Re:The Existence of a "United States of America" by Jeremiah+Cornelius · · Score: 4, Insightful

      Who said anything about "revolution"? That just brings you trouble, and causes more harm to innocents.

      Just don't lay any special claim by "citizenship" - that is a parlour trick to keep you in harness, to keep you a "house negro".

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    4. Re:The Existence of a "United States of America" by Imrik · · Score: 3, Insightful

      Revolution can come in many forms, a widespread change in voter behavior could be described as a revolution.

    5. Re:The Existence of a "United States of America" by DoofusOfDeath · · Score: 2, Insightful

      I care more about my children's survival than Thomas Jefferson cared about my kids' survival.

    6. Re:The Existence of a "United States of America" by Zero__Kelvin · · Score: 5, Insightful

      You are a citizen who cares more about your children's survival than the survival of Freedom and the well being of millions. In other words you aren't merely part of the problem, you are the problem.

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    7. Re:The Existence of a "United States of America" by jeIIomizer · · Score: 5, Insightful

      Delusional? The NSA is violating people's rights and the highest law of the land, and it's happening right this instant. Are you saying that it is not happening? If not, then how is he delusional? If you allow it to happen, and they continue doing it, then you don't really have those freedoms, now do you?

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    8. Re:The Existence of a "United States of America" by Jeremiah+Cornelius · · Score: 2
      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    9. Re:The Existence of a "United States of America" by grcumb · · Score: 3, Insightful

      You are a citizen who cares more about your children's survival than the survival of Freedom and the well being of millions. In other words you aren't merely part of the problem, you are the problem.

      You could happily sit in the company of many of history's great men. The too were willing to sacrifice countless lives for some lofty goal.

      Is there any benefit too small, in your mind, for my kids to die supporting it?

      It's worth noting that most revolutions happen when the only way remaining to provide for and protect one's children is to take up arms or man the barricades.

      ... And most of them are won by the side most able to protect its children.

      --
      Crumb's Corollary: Never bring a knife to a bun fight.
    10. Re:The Existence of a "United States of America" by Jane+Q.+Public · · Score: 2

      I care more about my children's survival than Thomas Jefferson cared about my kids' survival.

      I agree with the other person who replied. In effect, you are saying "I don't care who ELSE is made to be slaves, as long as I and my family can hide in this safe little cave and pretend it doesn't exist."

      Part of the problem, indeed. You would "protect" your children by leaving them a life of servitude to others.

      Some parent. I'm glad you weren't mine.

    11. Re:The Existence of a "United States of America" by philip.paradis · · Score: 5, Interesting

      To clarify my last response, I once wore a uniform for this nation and swore an oath uphold and defend the Constitution of the United States of America against all enemies, foreign and domestic. I have no interest in staying in a nation full of people who are completely ignorant of their rights and obligations as citizens, a nation where the majority of the population is far too apathetic to care about those rights being trampled. I'll be here as long as it takes to build a solid foundation elsewhere, which is a work in progress, and I'm gone after that. I'm a fairly smart guy, and I have fairly diverse skills that I can utilize anywhere on the planet to provide for my loved ones. There are still a few places left where people care about individualism and rights. Not many, but a few.

      --
      Write failed: Broken pipe
    12. Re:The Existence of a "United States of America" by philip.paradis · · Score: 4, Interesting

      A federal judge has ruled the mass (meta)data collection activities of the NSA to be unconstitutional. The RNC has pushed for legislation to explicitly declare it so. The more disturbing point here is that the Constitution, which explicitly defines limits to the powers of government, existed long before the NSA. It has simply been ignored, and entirely too many people seem to be ignorant of this fact or simply don't care. Given the protections afforded in the Constitution, I challenge you to justify the legality of massive collection of private information on United States citizens by government agents without warrant or due process.

      --
      Write failed: Broken pipe
  4. Re:Snowden's copies? by Anonymous Coward · · Score: 3, Insightful

    He's already released a few, didn't he? The result was NSA-apologists calling him a liar and saying he made it all up.

  5. Snowden's Patriotism is Gaining Acceptance by Collective+0-0009 · · Score: 5, Insightful

    At this point, there are numerous things happening such as laws, inquiries, public debate, and policy changes that are all due to Snowden's release of information. I feel that he has brought to the forefront an important issue and revealed things that the public needed to know. I can understand to some degree that people don't like how he did it, but given the machine that is the government, I don't doubt that this was the only way to bring about such changes (or at least debate and knowledge).

    After a bit of a cool down period, I don't hear nearly as much hate for Snowden. Libertarians, Republicans, Democrats and all other flavors should want a more open government. The government does also need to keep some things secret. This gives them a reason, the means, and a public grant of power to keep things from public knowledge. Some times the only way to circumvent that power is through a leak/whistle blower.

    As far as this story, the public needs to pressure the government to keep no more secrets about Snowden. The cover of endangering certain sources or resources is no longer being accepted as we have seen little damage and much good from the release. It's time the US Government come clean and it's time we tell them that we demand it.

    --
    I finally updated my sig, but now it's lame.
    1. Re:Snowden's Patriotism is Gaining Acceptance by wierd_w · · Score: 5, Interesting

      It has been my observation that the people who have blistering hatred for Snowden, are the kinds of people who totally embrace jingoism.

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

      They see any kind of "restriction" on government's ability to secure "advantage" and "interest" as allowing "The terrorists to win" (or whatever is the current buzz phrase), As such, they view actions like snowden's as being completely un-american, because he undermined the interests of an american intelligence agency, who was collecting abhorrent amounts of information about everyone and everything--presumably to secure american interests, over foriegn interests. These are the same kinds of people that would support creation of a literal planet-killing super weapon, just to secure american military dominance, and would think nothing of it.

      People that chug the jingo-laid come in all colors, all races, all creeds, and all genders: Liberal, Libertarian, Fiscal conservative, raging pinko, and gun toting whacko alike. The unifying feature is that they have bought into the "America is NUMBER ONE!!!!eleveltyone!" mantra.

      Seeing that supporting "American interests" without question or hesitation is leading to somethig that is not the america they were promised, with real proof, and real scnadals, with real consequences (FOR THEM), is about the only way to get through to them, short of having them experience the stazi first hand, up close and brutal.

      The bullshit needs to stop, and an anti-jingoism movement needs to sweep this country.

  6. Ask Snowden! by jargonburn · · Score: 4, Interesting

    Perhaps they should try and contact Edward Snowden and see if he has copies of those email messages that'd he'd care to release.

    1. Re:Ask Snowden! by SeaFox · · Score: 2

      That wouldn't matter. The government would simply claim any messages they don't like the content of were falsified. We could ask them to release their copies then, but they could similarly release doctored emails. The end result would be a classic case of he said/she said.

    2. Re:Ask Snowden! by John.Banister · · Score: 2

      Except, one of the two has been shown to be a liar. The NSA can refuse as they please so long as they have money from Congress and guns from other federal agencies to back them up. However, I seriously doubt that they could get an evidentially unsupported assertion to hold up in public court.

  7. Re:Snowden's copies? by jopsen · · Score: 5, Informative

    Yeah, this smells like NSA trying to hide that Snowden did in fact try to bring up the issue through official channels, before he leaked documents to the public.

  8. I'd bet.... by Rick+Zeman · · Score: 3

    ...Snowden would waive his right to privacy, but the NSA's answer would no doubt be the same.

  9. Comment removed by account_deleted · · Score: 5, Informative

    Comment removed based on user account deletion

  10. Re:Misuse of FOIA by DarkOx · · Score: 2

    You are absolutely correct but they know perfectly well it would just be followed up with the obvious and very specific request for "All e-mails from Edward Snowden with subject matter relating to the legality of the internet monitoring and cellular meta data gathering activities conducted by the NSA".

    And then they'd be right back here were they are now. Having to make the same excuse, which might have some legitimacy as those mails probably are evidence in an on going criminal investigation of Snowden; all though we all know he isn't returning to the States without some kind of immunity agreement so its rather hollow sounding. Think how hollow it would sound if it was a second excuse given.

    The reality is Snowden's story about having attempted to raise the issues thru the proper channels is likely truthful and would just expose more NSA and State Department lies. The would rather just look like dicks and someone felt just shutting down the FOIA avenue would look less Dickish than being evasive.

    --
    Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
  11. Re:Misuse of FOIA by ddt · · Score: 5, Insightful

    Second off, this story (and the multitude of Greenwald/Snowden cult of personality reposters) is missing the most important thing in the NSA's response, the last sentence:

    “For your information, there are no emails indicating that Mr. Snowden contacted agency officials to raise concerns about NSA programs.”

    You'd have a great point if there were any reason we could trust the NSA. They could be lying outright, or they could be doing it the DC way, which is telling the truth in a misleading way, by overlooking the fact that he approached them in person about it instead of in written form, which I certainly would have, as I'd be nervous as shit about writing an email like that.

    He's no patriot, he's just a cowardly little shit.

    He gave up his girlfriend and cushy job, he exposed clear evidence of violation of international treaties and the US Constitution by the world's dominant superpower, and then he endured being stuck in the Moscow Airport (there isn't enough Prozac in the world to make this OK) and is now stuck in Russia, which I assure you, is a severe downgrade from Hawaii. There's nothing cowardly about all that.

  12. Re:Misuse of FOIA by James+McGuigan · · Score: 5, Interesting

    Edward Snowdon understood what would happen if he where to seriously try and push the issue internally.

    The global surveillance network was a core NSA policy authorized at the highest levels. This was not simply some rouge agent or rouge department. Previous individuals have attempted to raise concerns internally and failed to achieve any change underlying policy. The NSA has even deliberately lied to congress on the matter.

    As a contractor, he has no employment rights. Making noise would likely get his security clearance revoked and his employer finding someone else who doesn't have a moral problem with surveillance. It would also likely get himself added to the NSA watchlist.

    As a pragmatist, his decision to publicly release records has successfully created enough political pressure for congress to at least review the NSA's policies. A cowardly little shit who was willing to risk everything on a high risk venture, with a very strong possibility of getting caught, that takes some major balls from someone who knows exactly what the NSA is capable of.

  13. "could interfere with law enforcement" by Opportunist · · Score: 5, Funny

    Like ... how? Tip off Snowden that he's wanted?

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  14. Re:Snowden's copies? by cold+fjord · · Score: 2, Interesting

    Isn't it ... "odd" ... that Snowden could manage to steal 1.7 million documents, but apparently didn't manage to get copies of his own emails showing his alleged attempts to raise the issues through official channels? Now I wonder why that might be?

    You don't think it could be because even if he did "raise the issue" of legality he was given the reasons why they were legal and chose to steal the documents anyway?

    --
    much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
  15. Re:Snowden's copies? by Anonymous Coward · · Score: 2, Insightful

    No. He already said why. He didn't take anything with him beyond Hong Kong and there is no reason tothink he could have had the foresight to take the emails at the time he took the other documents. The fact we're attacking him over what is trivial compared to the crimes he's brought us should send up a red flag. They are distracting us and the administration, prior administration, and at least some of those in congress amongst others should be charged with treason and in prison. Unfortunately our system doesn't work in such a way that true justice can be realized. Those accused tend to be those who are the enemy of the state (people in power) or simply being taken advantage of for poitical gain (Aaron Swartz, Bernie S, etc).

  16. Re:Snowden's copies? by vux984 · · Score: 3, Insightful

    Isn't it ... "odd" ... that Snowden could manage to steal 1.7 million documents, but apparently didn't manage to get copies of his own emails showing his alleged attempts to raise the issues through official channels?

    a) Because when I suspect my employer of illegal wrong doing doing I always write an email? Oh, wait, no, we're trained that those sorts of inquiries are supposed to go through channels without permanent records for legal liability reasons. You can argue that that's a bad thing, but that's reality in a LOT of places.

    b) While I'm sure he'd have been capable of snagging his email, maybe it simply didn't occur to him.

    You don't think it could be because even if he did "raise the issue" of legality he was given the reasons why they were legal and chose to steal the documents anyway?

    If your argument is that Snowden didn't keep and release them because they would contradict and harm his 'narrative', then why is the NSA not bending over backwards to get them out there?

    The NSA should be happy to provide us with such a relevant record that details their dutiful adherence to the law, and how they conscientiously explained to Snowden why he was mistaken in raising concerns.

    If you really beleive what you wrote, why do think the NSA is refusing to release them?

    And if you really believe what what the NSA was doing was legal, how do you reconcile that with the general consensus that a great deal of what they were doing was not, in fact, legal.

  17. Really? by Dega704 · · Score: 3, Insightful

    Well the government has made one thing very clear. They believe that they are the only beings on earth that are entitled to privacy or secrecy, and they are entitled to ALL of it while simultaneously violating everyone else's eight ways till friday.

  18. Re:Snowden's copies? by Anonymous Coward · · Score: 4, Informative

    Snowden said he wrote emails that he can't produce despite taking almost two million documents. You can't explain that away since you are directly challenging him.

    Except the NSA just released one of Snowden's emails questioning the legality of things one or two months ago. They then claimed that was the "only" email they had from him. Now they are saying they have lots but can't release them for some reason. So, the NSA has been caught lying to you yet again and you continue to look the other way. When are you going to pull your head out of your ass?

  19. Re:Snowden's copies? by vux984 · · Score: 3, Insightful

    Snowden said he wrote emails that he can't produce despite taking almost two million documents. You can't explain that away since you are directly challenging him.

    Ok, I'll stipulate that he claims he wrote them.

    All this while intending to make the claim that he was a "whistle blower" on the US? And he forget the whistle he claims to have blown, repeatedly, while there? That doesn't wash.

    I honestly and sincerely don't even see it as related. He may not even anticipated that someone would challenge. He was seeking to establish beyond credible doubt that the NSA was doing XYZ. That is "the story" he was looking to tell. That someone would try to argue that a big part of the story would be "hey, can you prove you tried to tell someone inside, first" possibly didn't even enter into his mind.

    In the big picture, it doesn't even matter. What matters is what the NSA was doing, not how vigorously Snowden tried to change it from within first.

    Regardless of how important this particular detail is to you, its at best a tangential detail to the main story.

    Its just a small minded distraction to try and divert attention from the main story. Like obsessing over Julian Assange's significant personal flaws instead of focusing on the actual wiki leaks leaks.

    Maybe because they don't exist?

    That doesn't fly within this thread of the sub-argument.

    You'd stipulated they DID exist and contained the NSA's response that they were legal. You can't now argue that maybe they didn't exist, at least not within this sub-thread.

    Or they discuss classified programs that are still classified?

    They could redact them. Even if they were just "walls of black ink", they would establish that they existed.

    I expect that the NSA has done that in the proper forums for discussing classified matters: in meetings with the administration, in closed sessions of Congress, and before the courts in closed hearings.

    You are contorting like an acrobat. You are arguing that "if they exist, the NSA is rightfully keeping them secret, therefore we should assume Snowden is lying about their existence, and that they don't exist". That's not even coherent.

    Seems to me then, its perfectly reasonable to accept Snowden's claim they exist.

    Which "general consensus" is that?

    Lets see:
    the 5 member Privacy and Civil liberties Oversight Board created by Congress ruled them illegal.

    The Eleventh Circuit Court of Appeals ruled them illegal.

    United States District Court for the District of Columbia ruled them illegal.

    http://www.bloomberg.com/news/...

    http://www.wired.co.uk/news/ar...

    http://www.wired.com/2013/12/b...

    And even the NSA itself, has ADMITTED substantial wrongdoing.

    http://thehill.com/policy/tech...

    "The one on Slashdot?"

    Yeah, sure, the one on slashdot too. ::eyeroll::

  20. The NSA cites protection of personal privacy by SiliconSeraph · · Score: 4, Funny

    This may be the most ironic thing I've seen in a while.

  21. would reveal "techniques and procedures" by Gravis+Zero · · Score: 3, Insightful

    "would reveal law enforcement techniques and procedures"

    in other words, it would expose your illegal activities. gotcha.

    --
    Anons need not reply. Questions end with a question mark.