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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.

45 of 200 comments (clear)

  1. NSA scorecard on on truth? by Geste · · Score: 5, Insightful

    I mean, Snowden is ahead by about 9,047 to 6.

    1. Re:NSA scorecard on on truth? by Anonymous Coward · · Score: 5, Insightful

      dude authorized to lie to your face declares they didn't find anything

    2. Re:NSA scorecard on on truth? by Xest · · Score: 5, Insightful

      But this is a sworn declaration, and if it's a sworn declaration then it must be true because it's not like anyone has been caught lying under oath on this topic is it!

      Honestly, sworn declarations on this topic and the lack of punishment for breaching their oath when swearing the truth means you might as well read "Sworn declaration" as "In a conversation with his mate Dave down the pub".

    3. Re:NSA scorecard on on truth? by NotDrWho · · Score: 4, Funny

      If an NSA representative told me it was daytime outside and my watch said 12 noon, I would still walk outside to confirm it for myself.

      --
      SJW's don't eliminate discrimination. They just expropriate it for themselves.
    4. Re:NSA scorecard on on truth? by NotDrWho · · Score: 4, Insightful

      But this is a sworn declaration, and if it's a sworn declaration then it must be true because it's not like anyone has been caught lying under oath on this topic is it!

      ;-) SEVERAL TIMES, and to CONGRESS no less. I think the NSA has gotten so in the habit of lying that they probably don't even know how to tell the truth anymore. Their employees would require extensive training to be reintroduced to concepts like "truth," "honesty" and "transparency."

      --
      SJW's don't eliminate discrimination. They just expropriate it for themselves.
    5. Re:NSA scorecard on on truth? by machine321 · · Score: 3, Funny

      If an NSA representative told me it was daytime outside and my watch said 12 noon, I would still walk outside to confirm it for myself.

      Oh, like any of us have been outside.

    6. Re: NSA scorecard on on truth? by NotDrWho · · Score: 4, Funny

      Next week they'll claim they have an email from Edward Snowden proving that he hates mom and apple pie, and is working for ISIS.

      "Wait, did ISIS even exist before Snowden left?" asks a reporter.

      "We suspect it was him that founded them," replies the NSA.

      --
      SJW's don't eliminate discrimination. They just expropriate it for themselves.
    7. Re:NSA scorecard on on truth? by Charliemopps · · Score: 3, Insightful

      But this is a sworn declaration, and if it's a sworn declaration then it must be true because it's not like anyone has been caught lying under oath on this topic is it!

      Honestly, sworn declarations on this topic and the lack of punishment for breaching their oath when swearing the truth means you might as well read "Sworn declaration" as "In a conversation with his mate Dave down the pub".

      Actually, I'd say its worse than that. I can't remember a statement that the NSA has ever made publicly that wasn't a lie. By that fact alone I'd say this "declaration" is evidence that Snowden was truthful.

    8. Re:NSA scorecard on on truth? by Anonymous Coward · · Score: 5, Insightful

      Who do you trust: the traitor or the patriot?

      The one sacrificing the Constitution to his personal gains and job interests, or the one sacrificing his personal gains and job interests to the Constitution?

    9. Re:NSA scorecard on on truth? by arglebargle_xiv · · Score: 2

      Has anyone tried asking the liars whether they're lying? I'm sure they'd be honest about it this time.

    10. Re:NSA scorecard on on truth? by Xest · · Score: 4, Insightful

      I've no idea because personally I'm not American and hence not affected by the IRS' actions so nor do I particularly give a shit what they have or haven't lied about.

      The IRS may be a bigger threat to liberty in the US than the NSA, but it's certainly a non-entity in terms of dangers to liberty for the whole of the rest of the world compared to the NSA which is a real genuine threat for those of us not living in America yet still having our data stolen and our privacy invaded.

  2. Who fucking cares? by killfixx · · Score: 4, Insightful

    They're sounding more and more like 5 year old's complaining to their parents.

    Have some fucking accountability. Jesus.

    --
    "Helping to keep you two steps ahead of the Thought Police!"
    1. Re:Who fucking cares? by gargleblast · · Score: 3, Insightful

      To me, they're sounding more and more like the Ministry Of Truth.

    2. Re:Who fucking cares? by mrchaotica · · Score: 5, Funny

      Hmm... that sounds like something I read on my Kindle once, but I went to check and I can't find it...!

      --

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

  3. Again? by towermac · · Score: 5, Insightful

    So far, the NSA has lied (at first) about each and every little thing Snowden has leaked.

    I guess on this one though, we are supposed to take them at their word.

    1. Re:Again? by AmiMoJo · · Score: 3, Interesting

      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.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    2. Re:Again? by Phics · · Score: 2

      Assuming he is an intelligent man, and also assuming he knows that cover-up and concealment is a matter of course at the NSA, I presume he would have sent them securely from an outside network, perhaps through a network he hoped the NSA couldn't touch. Or better yet, he left the evidence hidden in plain sight, somewhere within the NSA where he could point to it later. If I was Snowden, I'd be paranoid as heck when covering my own behind. He had to have known they would lie about anything that made him look good in the aftermath.

      --
      There are two types of people in the world; those who believe there are two types of people, and those who don't.
    3. Re:Again? by spacepimp · · Score: 4, Insightful

      Snowden seems organized, thoughtful and intelligent. He did openly state that he challenged anyone in the NSA to deny he tried to use the internal systems first to seek resolution. He can likely reveal his efforts rather easily and publicly. However propaganda doesn't require honesty on behalf of the NSA to be successful.

    4. Re:Again? by towermac · · Score: 2

      I'll say that I doubt Snowden raised holy hell on an ongoing basis within the halls of the NSA. For one thing, he's tech support; it wasn't his job.

      But he already said he didn't believe there was a viable whistle blower process, a fact corroborated by recent history. I wouldn't expect there to be some emial trail of disaffection.

      Also, why email? I think you might be an idiot to put these concerns into email in the first place. My first instinct would be to go to some boss, and tell him to his face. Unless Nixon was there, there's unlikely to be a record of that meeting.

    5. Re:Again? by Jason+Levine · · Score: 2

      Good point. With a normal organization, it's a good idea to put any objections in writing and in a form that can be tracked by both you and your managers, such as within e-mail messages. This way, if you say "Project A would violate these laws" and your manager says "Continue with Project A anyway", he can't later blame you for not bringing this to his attention.

      The NSA is anything but a normal organization. There are enough people who have worked for the NSA and have tried to say "Project A would violate these laws" who have found themselves targeted by the NSA. So the NSA might be telling the truth (Snowden never e-mailed his concerns to anyone) while not telling the whole truth (because, had he done so, we would have had him arrested on trumped up charges to shut him up).

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    6. Re:Again? by Oligonicella · · Score: 2

      Organized crime had "NDAs" as well. The agreement is worth the organization you're agreeing with.

      "At least the NSA can be voted out of office." Explain how.

    7. Re:Again? by sabri · · Score: 2

      "At least the NSA can be voted out of office." Explain how.

      Congress funds the NSA. All you need to do is vote for representatives that will cut the funding.

      --
      I'm not a complete idiot... Some parts are missing.
    8. Re:Again? by sgt_doom · · Score: 2

      Not only that, but the NSA --- since the Reagan Administration and 1988 --- falls under the jurisdiction of the DoD, the Pentagon, not exactly a beacon of honesty. The CorporateMedia has proven time and again, and most definitely over the past several weeks, that it is simply an official news outlet of the DoD: Fox, CNN, NPR, CBS, ABC, MSNBC, etc.

      Gen. Zinni has appeared on both Fox and CNN, talking about ISIL (and I did agree with his remarks about them being murdering psychopaths, but so is Henry Kissinger), yet neither news station identified him as being on the board of a major defense contractor, BAE Systems.

      Fran Townsend appeared on CNN, yet they never identified her as being a consultant to several defense contractors.

      Wesley Clark appeared on NPR talking or rather, lying, about events in the Ukraine, and never once did they identify him as being on the board of BNK Petroleum, nor have they mentioned that Vice President Biden's son, Hunter Biden, is with Burisma Ukraine, which is doing the major amount of fracking there.

  4. What the meaning of the words 'concerns' is? by AHuxley · · Score: 4, Insightful

    Recall the "NSA Releases Snowden Email, Says He Raised No Concerns About Spying" (05.29.14)
    http://www.wired.com/2014/05/s...
    ".... the NSA released a statement and a copy of the only email it says it found from Snowden.
    That email, the agency says, asked a question about legal authority and hierarchy but did not raise any concerns."
    Now its just about FIOA requests finding more or wondering what was held back as as the gov felt it "did not raise any concerns"....
    From no emails to one email found back to none under a definition of what "identify" is going to find?
    The other option is to only look for a few narrow legal terms that would constitute a formal complaint and not find one.

    --
    Domestic spying is now "Benign Information Gathering"
  5. Not reliable by Anonymous Coward · · Score: 5, Insightful

    I'm sorry. These folks lied to congress. They did it for years. They scanned emails of senators and then lied about it. They lied about the scope, detail, retention and duration of their program, for years, to both congress and the American public.

    They have no credibility. I don't care if he is a 20 star general and is pinky-swearing it. I can't trust them. Trust is earned. Distrust is earned. They bought only distrust. They have not earned back one percent of one percent of the trust they have destroyed.

    I don't care what noises come out of the mouth of the sock-puppet. It isn't capable of speaking trustworthy words.

    1. Re:Not reliable by Lesrahpem · · Score: 4, Informative

      This may destroy my karma...

      The NSA is (theoretically) in a position where it cannot tell us what it has done for us. There may be all sorts of things the NSA has done to protect our nation. Publicly disclosing those actions could wreck their whole mission. We should consider, as IT professionals, that we're in a similar boat. We can't always tell the customer/client exactly what is going on, and even if we do tell them they're unlikely to fully understand. We definitely don't tell our customer's competitors what we are doing.

      The real issue with the NSA is this: who is the customer?

  6. Moot point... by msauve · · Score: 5, Insightful

    If the NSA and federal government didn't change after the info was released publicly, why are they acting like an internal complaint might have made a difference?

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
    1. Re:Moot point... by mrchaotica · · Score: 2

      What they were doing may not have even been illegal, which is the whole problem.

      Bullshit. What they have doing has always been illegal -- any plain reading of the Constitution shows it. The issue is that people in power (possibly including the Supreme Court) refuse to acknowledge the law, not that it doesn't exist!

      --

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

  7. This is the guy who decides? by JeffOwl · · Score: 2

    If this guy gets to decide what's classified, then could he have decided that the Snowden "concern" email is classified and therefore he doesn't have to admit its existence?

    /Tinfoil hat

    1. Re:This is the guy who decides? by geogob · · Score: 3, Interesting

      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.

    2. Re:This is the guy who decides? by Thanshin · · Score: 2

      This guy can even classify himself and *Pouf* disappear in thin air. Like Keyser Söze. Or a ninja. Or WMDs.

  8. Have they Denied? by ObsessiveMathsFreak · · Score: 2, Interesting

    NSA officials were unable to find any evidence Snowden ever had.

    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!
    1. Re:Have they Denied? by pr0t0 · · Score: 2

      Agreed. He's an outside contractor working for the NSA. I think for a man in his position that's more of a water cooler kind of conversation, so he can use nuance and visual queues to establish casual concern. There's no way he's going to put his objections into writing where all of that is lost. He likely would have been fired, investigated, had his family members interrogated, and all of his credit cards would have mysteriously stopped working.

      So I suppose the end result is the same, except that we probably wouldn't know the truth if he sent an email.

      --
      I'm sorry, but your opinion seems to be wrong.
  9. Misdirection by Anonymous Coward · · Score: 4, Insightful

    This is a simple misdirection, common in many types of argument. Whether or not Mr. Snowden attempted to bring problems to anyone's attention is immaterial to the main problem, which is that the NSA was exhibiting this behavior in the first place.

    1. Re:Misdirection by CaptainDork · · Score: 2, Interesting

      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.
    2. Re:Misdirection by mrchaotica · · Score: 3, Insightful

      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.

      What are you talking about? Snowden doesn't need a defense, because he'd be an utter moron to ever willingly come back to NSA jurisdiction again.

      Aside from that, Snowden knew damn well that "going through the channels" directly results in the NSA ruining your life and burying whatever you were trying to be a whistleblower about. How did he know this? Simple, by learning about what happened to the last few people who tried to be whistleblowers using the "channels!"

      In other words, the "official channels" don't work, so trying to say Snowden is guilty because he didn't use them is specious. Any court that accepts such an argument is of the "Kangaroo" or "Star Chamber" variety.

      --

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

  10. Meanwhile the world burns by IWantMoreSpamPlease · · Score: 3, Insightful

    The NSA, with apparent approval from our gov't, spies on its own citizens with impunity, and let seem to be caught flat-footed by events unfolding the Middle East and Ukraine (at least from what I have heard on the radio)
    The president twiddles his thumbs while our allies cry out for help.
    What in three hells happened to our country?

    --
    So rise up, all ye lost ones, as one, we'll claw the clouds.
  11. issue | Snowden by dingleberrie · · Score: 5, Insightful

    Let's make this about Snowden.
    After all, if he didn't raise concerns, then how could they have possibly known there were any issues.

    1. Re:issue | Snowden by mrchaotica · · Score: 3, Insightful

      After all, if he didn't raise concerns, then how could they have possibly known there were any issues.

      Well, for starters, they could have listened to the last several whistleblowers (e.g. Binney and Drake) who did try to use "official channels" instead of marginalizing them and ruining their lives.

      --

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

  12. Emails restored by rylmann · · Score: 5, Funny

    Perhaps the NSA should share its email recovery procedures with the IRS.

  13. Because William Binney and Thomas Drake by Bob9113 · · Score: 5, Informative

    In 2001, William Binney, an NSA investigator, began blowing the whistle on NSA warrantless surveillance. He went through official channels to his superiors, then to Congress, then to the major media. He was harrassed and prosecuted by the government, and ignored and maginalized by the major media. He has kept at it for the past thirteen years.

    In 2010, Thomas Drake started blowing the whistle. He was also prosecuted, harrassed, ignored, and marginalized.

    In 2011, Ron Wyden began warning the public about the secret interpretation of the PATRIOT Act, as loudly as he could without violating his clearance to be on the Intelligence Committee. The major media ignored him.

    In 2013, when Snowden released his docs, the major media finally started listening to Binney, Drake, and Wyden. The establishment's treatment of Binney, Drake, and Wyden is why Snowden had to follow the path he did.

    The President of the United States has said that these programs should change. Programs that Binney, Drake, and Wyden tried to warn us about through official channels. Programs that we still would not know about if Snowden had gone through official channels.

  14. Lois Lerner by Chas · · Score: 2

    Now if only someone would exhaustively search out HER e-mails.

    --


    Chas - The one, the only.
    THANK GOD!!!
  15. Add One More "least untruth" by Guy+From+V · · Score: 3, Insightful

    In response to a FOIA request a ProPublica journalist filed for just this kind of information last year, the NSA told him they couldn't do those kind of searches that they apparently just did. Well, dang...it's a good thing that they figured out they could, I mean gosh...if they'd just got it squared away last year then we'd have known a lot earlier how clean their hands were in all this.

  16. Re:Snowden is a communist spy and no whistleblower by PeteStarnes · · Score: 2

    http://www.washingtontimes.com... Lots of people are dying at the hands of rabid animals in Iraq and Syria and those animals are using leaked information by Snowden to evade the good guys (which by the way is us).

  17. Re:Snowden is a communist spy and no whistleblower by PeteStarnes · · Score: 2

    What has Snowden revealed about our intelligence gathering against Russia who is the most serious threat to the United States? >crickets What Snowden has revealed are 1) information that will turn the people against our government, military, and intelligence gathering agencies. 2) Information that will embarrass us and our allies 3) Information that will weaken our ability to gather information against our enemies 4) information that will drive a wedge between the United States and our Allies In other words everything Snowden has released is designed to weaken the United States. Where is the leaked information about the United States planting bugs in Russian embassies? Why only leaks regarding our strongest allies and not any of our enemies? I've always been against the formation of the Department of Homeland Security. I'm against our collecting mass information about the citizens of the United States. Obama has already proven that that information can and will be used against the people in order to maintain power (IRS). That does not mean we should celebrate traitors to our country. There are means to work within the system to correct it. There are avenues to get the basic information regarding illegal programs into the hands of the public without damaging our national security. Remember Watergate? Remember Iran-Contra? That information got out. Why the need to continue the constant dripping of our greatest national secrets now? And I've been in the Telecommunications and Internet industry for a long time. It has never been a secret that our intelligence agencies have taps into our communications system at least not in the industry and not in Congress. Congress passes the funding for these ventures. Congress knows and that's including the ones who are feining outrage now. CALEA is public record so you can only imagine what isn't. I have heard the stories, one in particular from a guy who worked for a major ILEC who helped facilitate the interconnection and handoffs from the central office to a government agency in California. This was 15 years ago when I heard the story. Everyone knows. If you didn't then you are willfully ignorant.