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NSA's Former General Council Talks Privacy, Security, and Snowden's 'Betrayal'

blottsie writes: In his first interview since retiring as general council to the NSA, Rajesh De offers detailed insights into the spy agency's efforts to find balance between security and privacy, why the NSA often has trouble defending itself in public, the culture of "No Such Agency," and what it was like on the inside when the Snowden bombshell went off. He describes the mood after the leaks: "My sense of it was that there were two overriding emotions among the workforce. The first was a deep, deep [feeling] of betrayal. Someone who was sitting next to them—being part of the team helping keep people safe, which is really what people at the agency think they are doing—could turn around and do something so self-aggrandizing and reckless. There was also a deep sense of hurt that a lot of what was in the media was not entirely accurate. Questioning the motives and legality of what NSA employees were being asked to do to keep Americans safe—all within the legal policy construct that we've been given—that was difficult for the NSA workforce."

32 of 212 comments (clear)

  1. "Policy construct we've been given" by DoofusOfDeath · · Score: 5, Insightful

    So as long as my boss tells me it's okay to torture people and routinely violate the Consittution, it's okay?

    Fuck you, cowardly anti-democratic traitor.

    1. Re:"Policy construct we've been given" by Anonymous Coward · · Score: 2, Insightful

      The article seems like a lot of spin.

      Doesn't give any details, basically citing that he isn't allowed to divulge details, about how and why people are protected by mechanisms like FISA, yet we've already been shown how much of a rubber stamp the FISA courts are, and still the NSA games the system to stymie what little oversight they have.

      All of those bums should be prosecuted for breaking the law, but since the powerful protect the powerful, and power corrupts them, no one will ever laying charges against all the law breakers in the oval office and three letter government groups.

      Just remember they hoover up as much as they can to retain it for 15 years. So it is disingenuous for these guys to yap about not using broad net. The moment you step out of line they will use all the power they have to crush you, and go back up to 15 years to do so.

    2. Re:"Policy construct we've been given" by boristdog · · Score: 4, Insightful

      I think a key phrase is "being part of the team helping keep people safe, which is really what people at the agency think they are doing"

      So he admits they just think that they are helping keep people safe. Or that they have convinced the lower echelons that public safety is their goal, when higher-ups like him know better.

    3. Re:"Policy construct we've been given" by gweihir · · Score: 2

      They support and enable it. By all records, they do not do it themselves.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    4. Re:"Policy construct we've been given" by LessThanObvious · · Score: 2

      Darn Snowden and his outdated sense of patriotism. I guess he didn't get the memo that the Bill of Right's was downgraded the legal status of "Just a suggestion". It should have been clear to him that the American people couldn't be trusted with knowing what the government is doing to them. Good thing they already got all that money budgeted, because if there is one thing we know it's that once a program is a line item on the budget it can't be stopped.

    5. Re:"Policy construct we've been given" by gweihir · · Score: 5, Insightful

      My grandparents on my mother's side where both part of some 3rd Reich organizations. They believed back then they were doing good and in hindsight never were sure they could have seen what they were really doing and supporting at the time they did it. Gave them a life-long extreme distaste for politics, because they realized it is easy to trick people into doing utter evil while they think that do good. The NSA workers that felt betrayed are lacking that insight, and they do so in a situation where finding out what it actually going on is much easier.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    6. Re:"Policy construct we've been given" by Tokolosh · · Score: 5, Insightful

      "Ve vere yust followink orders!"

      Time to watch Dr. Strangelove again, which perfectly captures the atmosphere inside this little man's bubble.

      --
      Prove anything by multiplying Huge Number times Tiny Number
    7. Re:"Policy construct we've been given" by Anonymous Coward · · Score: 3, Insightful

      Everything you need to know about authority and your fellow man(including myself):
      http://en.wikipedia.org/wiki/Milgram_experiment
      http://en.wikipedia.org/wiki/Stanford_prison_experiment
      http://en.wikipedia.org/wiki/Cost%E2%80%93benefit_analysis
      http://en.wikipedia.org/wiki/Self-preservation
      http://en.wikipedia.org/wiki/Moral_courage

      My first contribution is that "doing the right thing" is usually ambiguous and that inaction is almost always a safer behavior than risking taking action only to later discover you were misguided. http://en.wikipedia.org/wiki/Decision_theory

      My second contribution is that society presents "moral courage" as a virtue precisely because it is so rare and irrational and is therefore a last line of defense for herd protection against predators(and insider threats) that depend on predictable(Read: rational & self-interested) behavior to extract unearned rent from the flock. This glorification is a self-centered form of "you go first buddy" with much less sarcasm and much more cowardice.

      Wolves resenting sheep-dogs shouldn't come as a surprise to anyone. Knowing the difference is the hard part since they look very similar to each other & both probably believe that they are acting in the best interest of the sheep(but not necessarily the farmer...). My hypothesis is there is no better heuristic for receiving good compensation than positioning yourself such that you find yourself battling with such ethical quandaries. The pay is normally increased until people stop resigning in disgust. Under those circumstances I normally try to determine how seriously the authority figures took a work of satire:
      http://en.wikipedia.org/wiki/The_Prince

      My third contribution is that it remains to be seen if Snowden "did the right thing" and in the absence of complete information we are left to wonder if he was a wolf or a sheep-dog.
      http://en.wikipedia.org/wiki/The_Art_of_War

      When your neighbors conceal themselves in a defensive fog it's a prudent question to ask if you're living next to Burt Gummer or something more sinister. Under those circumstances it becomes a matter of faith on whose interests are being protected beneath the cover of concealment, but you have the benefit of a historic track record to form an opinion.

      My fourth contribution is that if Snowden expected a hero's welcome he learned a valuable lesson about moral courage and the pursuit of glory.

      My fifth contribution is that the people who have the ability to change the status quo are assuredly removed from poverty to distance their sentimental bonding from the people who are not benefiting from the world as it is.
      http://historum.com/european-history/20506-louis-xiv-s-reasons-palace-versailles.html

      My sixth contribution is that people who play mercenary to tyrants should learn to differentiate between history lesson and morality tale(another form of bleating from the sheep):
      http://en.wikipedia.org/wiki/Brazen_bull

      If just-deserts were the usual outcome they wouldn't be so important to tell children about... The reduced capacity of Hollywood to quench the blood-lust has lead to some really classic lynch mobs forming on twitter. Nothing pleases a crowd like a good gallows construction or lion feeding.

      Statesmanship really isn't so hard to figure out. Writers go to great lengths to communicate the rules of the game. Its sort of entertaining to watch but once it got boring I decided to watch Slashdot and YouTube comment threads for the lulz. So much crab mentality. Very delicious.

    8. Re:"Policy construct we've been given" by king+neckbeard · · Score: 3, Funny

      So, he's betraying the UK? That's a proud American tradition.

      --
      This is my signature. There are many like it, but this one is mine.
    9. Re:"Policy construct we've been given" by msauve · · Score: 2

      You do realize that Snowden only gathered the info, and it's journalists such as Glenn Greenwald and Laura Poitras who vet and release the information publicly?

      Are you talking about the same Falkland Islands which the British took over from the Spanish who took them from the British who took them from the French? I'm not really seeing any valid claim to "UK sovereign territory," only a claim by force. Argentina has a reasonably legitimate claim based on geography instead of imperialism.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    10. Re:"Policy construct we've been given" by painandgreed · · Score: 4, Insightful

      My grandparents on my mother's side where both part of some 3rd Reich organizations. They believed back then they were doing good and in hindsight never were sure they could have seen what they were really doing and supporting at the time they did it. Gave them a life-long extreme distaste for politics, because they realized it is easy to trick people into doing utter evil while they think that do good. The NSA workers that felt betrayed are lacking that insight, and they do so in a situation where finding out what it actually going on is much easier.

      Remember, Goebbel's propaganda wasn't primarily used to fool other nations, but to fool the Germans themselves.

    11. Re:"Policy construct we've been given" by cold+fjord · · Score: 4, Informative

      The British have claimed the Falklands since 1690.

      The Falklands are well outside of customary territorial waters for any country, let alone Argentina.

      The people of the Falklands have voted to remain British in referendum.

      Is your position based on anti-Imperialism rather than will of the inhabitants of the islands?

      --
      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
    12. Re:"Policy construct we've been given" by occasional_dabbler · · Score: 3, Informative
      This is a little tricky.

      Yes, we British don't really have an historical right of ownership of the Falklands, it's not like they are on our doorstep, or even in our hemisphere. However, the Argentinians have never had a presence on the islands (except for the famously brief war) and their only interest is in the oil reserves suspected, and now being found, in the surrounding waters. The war was also an attempt by the Junta to boost their flagging popularity in Argentina and a corresponding opportunity for the Conservative government to boost their own flagging popularity in the UK. There are no white hats in this fight.

      The only tangible facts are that the people who now live on the islands voted overwhelmingly to remain under British sovereignty and that Mrs Thatcher had bigger balls (and better-trained special forces) than the Junta.

      --
      "Our opponent is an alien starship packed with atomic bombs," I said. "we have a protractor"
    13. Re:"Policy construct we've been given" by AmiMoJo · · Score: 3, Insightful

      Even if they do believe that they are doing some good, that doesn't excuse the constitutional violations.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    14. Re:"Policy construct we've been given" by rtb61 · · Score: 4, Informative

      But, big BUTT here, the people at the NSA and people with university degrees, supposedly well educated and well informed people so the excuse but 'I'm stupid' doesn't really cut it. They knew they were breaking the law, every single last one of the lying asshats, they knew they were betraying their fellow citizens, there is no escape from that. What Snowden, was the one and only properly informed individual in the whole NSA including contractors, fucking bullshit. We are talking literally tens of thousands of co-conspiring criminals, obeying orders is no excuse, it is illegal to obey an illegal order and they are as guilty as the politicians who ordered them to do it.

      --
      Chaos - everything, everywhere, everywhen
    15. Re:"Policy construct we've been given" by serviscope_minor · · Score: 2

      You know I was alive during the troubles, right? And living in London.

      Are your values such that it is ok for other ordinary Britons to be slaughtered en mass, just so long as it doesn't inconvenience you?

      Nope. We've lost 52 people (I'm not counting the lost terrorist lives) to terrorism in the last 10 years. That's an average of 5 per year. How many lives have we lost because some fools decided to spend those billions on terrorism rathern than road safety which kills about 1800 per year.

      IOW, you're deciding that you'd prefer us to be slaughtered on mass, while invading our privacy for the privlige of it.

      Could you be one of those ordinary Britons?

      Yes I could. But I'm a rational person who is able to quantify the risks. Your hyperbole aside, I also know that in pretty much all cases these people are already kown to the authorities and not due to the widespread snooping. The murderers who hacked the head off a soldier were known to the authorities. How much did that help? Not one bit. So how mich would snaffling my emails help? Not one bit.

      The head of MI5 has previously stated that they can barely keep up.

      Of course they do. It's their reason for existence on the line. They're not exactly neutral. In other news, $RANDOM_GOVERNMENT_DEPARTMENT says it's very important and needs more money.

      Um, I also know what Jerusalem is without a video. Yes, I have sung it at the end of a very nice silver-service dinner.

      --
      SJW n. One who posts facts.
  2. Cry me a river. by Iamthecheese · · Score: 2

    I don't want to hear about how things are inside the NSA so much as what Congress is doing to fix these laws that can be "misinterpreted" so badly. It's easy and low-friction to just accuse the NSA but the blame belongs on the shoulders of congress, both those members doubtlessly complying due to the availability of blackmail material and those complying because they want to be the top dogs in a 1984 universe.

    --
    If video games influenced behavior the Pac Man generation would be eating pills and running away from their problems.
  3. My first interview question by NotDrWho · · Score: 3, Insightful

    What aren't you in prison, rotting right next to all the other NSA leaders who betrayed their country and its Constitution?

    --
    SJW's don't eliminate discrimination. They just expropriate it for themselves.
  4. Straw Man Detected... Legal !== Moral by tomxor · · Score: 4, Insightful

    There was also a deep sense of hurt that a lot of what was in the media was not entirely accurate. Questioning the motives and legality of what NSA employees were being asked to do to keep Americans safe.

    People who confuse or purposely use law as a synonym for morality are not to be trusted... The focus could not be more clearly on morality in this case.

  5. Policies are not safeguards by Kohath · · Score: 3, Insightful

    If you read the article, he talks about how they have "policies" against indiscriminate snooping. But it's all a lot of talk. For example, he says the FISA court "can be quite harsh" in their written opinions -- as if this were a real consequence. Maybe it's a big deal for a lawyer, but there's an extremely large cultural divide between lawyers and non-lawyers.

    No one will be reassured by any of these statements. Nor should they be, if this is the best story the NSA can tell.

    1. Re:Policies are not safeguards by ColdWetDog · · Score: 4, Insightful

      If you persist in this behavior we shall write you another stern letter.

      Scary.

      --
      Faster! Faster! Faster would be better!
    2. Re:Policies are not safeguards by gweihir · · Score: 4, Insightful

      It is just like all people that have been part of a truly large evil: Denial, misdirection, lies. They never want to acknowledge they did wrong.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  6. Re:How 'bout.. by tnk1 · · Score: 3, Insightful

    As explained in the article, the staff of the NSA does not have carte blanche to just spy on people. They operate based on requirements. Now, those requirements might cause information to be collected in a way that is unconstitutional, let's face it, they're doing a job. The feeling that they are doing something earth shatteringly wrong is not one that you get in a bureaucracy like the NSA because they're generally only privy to a compartmentalized section of it. Similar sorts of things happen all the time with regimes where large bureaucracies support activities such as intelligence gathering, or "special activities".

    That means that any particular person working there believes that their little bit of the work is helping their country. Without a full insight into the project, they will not feel that the criticisms leveled at the Agency are leveled at them personally. Instead, they believe that Snowden is making their job more difficult, which honestly, he is. It's a matter of perspective. Easy for those of us with no involvement or investment in the NSA to take a strong view against their employer, but for those who earnestly work to do their job there to aid their country, they're going to feel like they're being betrayed. Some of them might, like Snowden, have a larger view and rebel against it, but do would not have his access.

  7. Rajesh De by stox · · Score: 5, Insightful

    Your first and absolute responsibility is to the Constitution.

    The NSA has failed miserably in that role.

    --
    "To those who are overly cautious, everything is impossible. "
  8. In related news... by aralin · · Score: 3, Funny

    ... Lucifer complained about God's betrayal and claimed that Hell has got to be hot, which is fully within the framework he is supposed to operate in and there is really nothing he can do about it.

    --
    If programs would be read like poetry, most programmers would be Vogons.
  9. Re:Auschwitz Guards by gweihir · · Score: 2

    The rhetorics and practices of "keeping our people safe" and "fighting the enemy" are well polished. The 3rd Reich did not invent them, they merely perfected them. The books by Goebbels are still used to train people in that business. The NSA employees that cannot see what they are part of are just more useful idiots. There is an endless supply of useful idiots that are willing to believe without verification or question if the propaganda just comes from some authority. These people make the building blocks of any totalitarian, fascist or otherwise extremist state or organization.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  10. Four Points by ikhider · · Score: 3, Informative

    1) The NSA is aware of computer software vulnerabilities and exploits by other unscrupulous entities, yet they hoard this information rather share with the public (they are mandated to protect). Imagine how much safer American computers would be from say, phishing and ransomeware that affects even public institutions like schools should the NSA actually try to help them. 2) A lot of NSA espionage resources are dedicated to industrial espionage of foreign entities to maintain economic hegemony for a handful of corporate interests rather than American business at large. 3) Retroactive punishment. Web activity is stored and mined should future laws be broken to retroactively punish a populace or build profiles. For instance, someone takes part in a protest such as the occupy movement. That person's web life becomes an opportunity to search and find anything incriminating, no matter how trivial. 4) Mandated sharing of raw intelligence gathering with Israel, without reciprocity. Rather than empowerment, the NSA seems more of a repressive regime tool.

    --
    "SO we bide our time, waiting for a purer kick to bloom and the future is still bleak, uncertain and beautiful" -GSYBE
  11. Difficult for them? by kuzb · · Score: 4, Insightful

    No, fuck all that crying. It SHOULD be difficult for them. Anyone with as much power as the NSA should have to account for every damn thing they do on domestic and friendly soil. Fuck the delusional workers who think they're doing the public a great service. It's time for them to wake up and understand that they're goddamn pawns in the game of circumventing democracy so the rich and powerful can stay rich and powerful.

    The NSA broke the public trust in a major way, and they deserve all the criticism and skepticism they get.

    --
    BeauHD. Worst editor since kdawson.
  12. Re:How 'bout.. by fuzzyfuzzyfungus · · Score: 3, Informative

    Even if their daily grind gives them no personal access to the objectionable work being done; only stupidity or willful ignorance would prevent them from learning about and thinking about what the NSA does in the same way the rest of us did.

    Somebody who just pushes buttons or spies on North Korea or whatever wouldn't have any reason to develop an on-the-job sense that they were doing the wrong thing; but when you can't open a newspaper without seeing reports on 'NSA basically spies on all the stuff, all the time, at home and abroad; FISA is a sad joke, massive domestic dragnet, etc, etc.'; the fact that you don't feel like you do bad things at work is irrelevant to your consideration of whether your employer does some deeply troubling work.

    In fact, if they do feel 'betrayed'; it's hard to argue that they aren't explicitly identifying with the actions of the agency; even if their job is unrelated to the ones that caught the public eye. Given that those programs were effectively certain to operate with impunity for as long as they wanted if they went undiscovered(even with public knowledge, they've been substantially resistant to any real change); there is very little room for a "Well, those programs are wrong but Snowden should have opposed them more responsibly!" position that isn't bullshit. Filling out a form and dropping it in the suggestion box or sending his boss a worried email or something would have been indistinguishable from doing nothing, in terms of effect.

  13. Re:How 'bout.. by fuzzyfuzzyfungus · · Score: 2

    It's also a nicely crafted piece of doublespeak: 'carte blanche to just spy on people' suggests a right to just chose somebody for whatever reason you feel like and just start spying on them, for whatever reason. As far as we know, unsystematic picking of random targets isn't something that the NSA does a lot of, and it may well be something they don't have legal authority to do.

    However, pretty much the whole point of public displeasure over what the NSA has been doing is that its programs are sufficiently broad, and the inclusion criteria sufficiently trivial, that essentially everyone, everywhere, all the time, is probably covered. They don't need the right to pick you out of a hat for personal attention, because they act like they have a mandate to get what they can on everyone, just daily course of business.

    It's well done. Deny that you do something largely irrelevant to what you are actually accused of; but in a way that sounds similar to denying the occurrence of the consequences of what you actually do.

  14. Re:so sad by TheGratefulNet · · Score: 2

    serpico was also shunned by his peers and bosses...

    you just have to wait a while for history to realize who was really a good guy and who was not.

    --

    --
    "It is now safe to switch off your computer."
  15. Re:How 'bout.. by cold+fjord · · Score: 2

    You apparently didn't comprehend much of what you read, or understand it in context. So called "LOVEINT" constitutes about 12 cases in 10 years. That isn't "common" in any meaningful way for an organization of over 10,000 people. Losing a security clearance means you aren't going to be able to handle classified information which means you can't work at an intelligence agency. People certainly were punished. How did you miss this?

    One "received a reduction in grade, 45 days restriction, 45 days extra duty, and half pay for two months. It was recommended that the subject not be given a security clearance."
    One "received a reduction in rank, 45 days extra duty, and half pay for two months. The member's access to classified information was revoked."
    One's "database access and access to classified information were suspended."
    One "received a written reprimand."
     

    Would you like to give up a months' pay?

    The "seven times per day" incidents weren't LOVEINT, and as noted were "mainly inadvertent." That is things like making a typo in name or phone number queries resulting in bringing up the wrong information. (You don't make 7 typos per day, do you?)

    Die in a fire, please, and leave the world a better place.

    You can help make the world a better place by trying to improve your poor character, giving to charity, and improving your reading comprehension. In the meantime I'll continue to try to provide good information and correct the ignorance and misconceptions of people like you.

    Have a great day.

    --
    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