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New Details About NSA's Exhaustive Search of Edward Snowden's Emails
An anonymous reader points out this Vice story with new information about the NSA's search of Edward Snowden's emails. Last year, the National Security Agency (NSA) reviewed all of Edward Snowden's available emails in addition to interviewing NSA employees and contractors in order to determine if he had ever raised concerns internally about the agency's vast surveillance programs. According to court documents the government filed in federal court September 12, NSA officials were unable to find any evidence Snowden ever had.
In a sworn declaration, David Sherman, the NSA's associate director for policy and records, said the agency launched a "comprehensive" investigation after journalists began to write about top-secret NSA spy programs upon obtaining documents Snowden leaked to them. The investigation included searches of any records where emails Snowden sent raising concerns about NSA programs "would be expected to be found within the agency." Sherman, who has worked for the NSA since 1985, is a "original classification authority," which means he can classify documents as "top-secret" and process, review, and redact records the agency releases in response to Freedom of Information Act (FOIA) requests.
In his declaration, Sherman detailed steps he said agency officials took to track down any emails Snowden wrote that contained evidence he'd raised concerns inside the agency. Sherman said the NSA searched sent, received, deleted emails from Snowden's account and emails "obtained by restoring back-up tapes." He noted that NSA officials reviewed written reports and notes from interviews with "NSA affiliates" with whom the agency spoke during its investigation.
In a sworn declaration, David Sherman, the NSA's associate director for policy and records, said the agency launched a "comprehensive" investigation after journalists began to write about top-secret NSA spy programs upon obtaining documents Snowden leaked to them. The investigation included searches of any records where emails Snowden sent raising concerns about NSA programs "would be expected to be found within the agency." Sherman, who has worked for the NSA since 1985, is a "original classification authority," which means he can classify documents as "top-secret" and process, review, and redact records the agency releases in response to Freedom of Information Act (FOIA) requests.
In his declaration, Sherman detailed steps he said agency officials took to track down any emails Snowden wrote that contained evidence he'd raised concerns inside the agency. Sherman said the NSA searched sent, received, deleted emails from Snowden's account and emails "obtained by restoring back-up tapes." He noted that NSA officials reviewed written reports and notes from interviews with "NSA affiliates" with whom the agency spoke during its investigation.
It is a very dangerous game for the NSA to play. Presumably Snowden, being an intelligent guy, kept copies of those emails he said he wrote and will be able to produce them one day. Maybe he is still hoping to return to the US for a trial where he will enter them as evidence, or maybe he will just give up on the US entirely and put them out to defend his reputation.
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SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
This is essentially the "I do not recall" equivalent of paperwork investigations.
The essential question here is whether the NSA can conclusively deny that Snowden never raised concerns at the agency. Since if he did raise concerns, he probably would have raised them to people personally, a document search is not nessesarily going to uncover whether he did.
What will uncover this conclusively is a simple interview of NSA and affiliate company employees and especially supervisors who worked with Snowden. But since such a set of interviews would either a) reveal that he did raise concerns, b) involve people having to sign their names to untruths, or most unlikely c) reveal he really raised nothing, then I think it's easier for the NSA to just pretend that a half-assed email server word search constitutes an appropriate investigation.
May the Maths Be with you!
Forget the tinfoil hat.
Obviously, any email discussing the existence and raising concern about highly classified programs will be also classified as such. Most likely these emails would be removed or redacted to before any review of the email could take place. I am pretty certain emails shouldn't contain highly classified information, hence the people reviewing the emails will most likely not have the security clearance to review highly classified materials. Assuming they are classified as such, not only do they not have to admit of their existence, they are not allowed to admit it.
I am really not a fan on conspiracy theories, nor do I prone propagating them. On the contrary.
Although this might sound like one, for me it feels more like standard procedures and due process that turned out to be quite convenient.
Actually, there's a deeper issue.
If Snowden can show that he applied due diligence by going through the channels to discuss his concerns and was ignored or he felt threatened, he can still try to use whistle-blowing as a defense.
Otherwise, he may have had legitimate concerns, but bypassed normal procedures and just ran off with the stash and caused them to be made public, which is a federal offense, whistle-blower or not.
Snowden certainly should have covered his ass by retaining email messages to/from superiors, and wouldn't it be excoting if he has those in his hip pocket to trump the government somewhere along the way?
If the NSA says they can't find the emails and Snowden produces them, it's game over for the NSA.
It little behooves the best of us to comment on the rest of us.