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NSA Wants To Dump the Phone Records It Gathered Over 14 Years (thenextweb.com)

According to The Next Web, the NSA would like to get rid of something that a lot of people wish they'd never had in the first place: phone records that the agency has collected over a decade and a half (more, really) of mass surveillance. However, the EFF wants to make sure that the evidence of snooping doesn't get buried along with the actual recorded data. From the article: [T]he government says that it can't be sued by bodies like the EFF. The organization is currently involved in two pending cases seeking a remedy for the past 14 years of illegal phone record collection. EFF wrote a letter (PDF) to the secret Foreign Intelligence Surveillance Act court last December which it has now made public, explaining that it is ready to discuss options that will allow destruction of the records in ways that still preserve its ability to prosecute the cases. It'll be interesting to see how this pans out: if the government doesn't agree to a discussion about how to handle these phone records, it's possible that they will remain on file for years to come. Plus, it could allow the NSA to avoid being held accountable for its illegal mass surveillance.

56 comments

  1. Good luck, Mrs. Gorski! by Impy+the+Impiuos+Imp · · Score: 1

    Plus, it could allow the NSA to avoid being held accountable for its illegal mass surveillance.

    How would that work? If might relieve them for responsibility for continuing to keep it (assuming they never use it again) but it won't waive potential illegal gathering and keeping in the past (subject to statute of limitations, if present).

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    1. Re:Good luck, Mrs. Gorski! by Anonymous Coward · · Score: 0

      It will be much harder to hold them accountable if they are allowed to destroy the evidence

    2. Re:Good luck, Mrs. Gorski! by Anonymous Coward · · Score: 1

      >hold them accountable

      Ha! That's the funniest thing I've read on the internet so far today. Of course, the day is still young...

    3. Re:Good luck, Mrs. Gorski! by Anonymous Coward · · Score: 0

      it won't waive potential illegal gathering and keeping in the past (subject to statute of limitations, if present)

      Courts have turned themselves into circuses for the benefit of the NSA and FBI with the number of contortions and backflips performed, especially when it has come to the history of warrantless wiretap cases. They have even gone so far as to dismiss a case for "lack of evidence" after the feds claimed the evidence submitted was Top Secret and seized it after it was submitted to the court.

      I (and apparently the EFF) have no doubt that NSA destroying the records will lead to every singe case being dismissed by pretzel-shaped judges who assert there's no proof any of this ever happened.

    4. Re:Good luck, Mrs. Gorski! by Anonymous Coward · · Score: 1

      Why exactly hasn't there been any accountability for violations of the 4th amendment on a massive scale?

      Ultimately the politicians answer to the American people. The American people just, apparently, decided that this was all A-OK!

      In a just world, there would be several dozens of the people who made these decisions in prison now for treason against the united states, and failure to uphold their oath to protect the constitution from enemies foreign and domestic. I'm not talking the peon NSA worker-bees in cubes just following orders becoming fall guys. I mean that we failed to hold the actual responsible politicians accountable.

      It was an utter failure on the part of the American public.

    5. Re: Good luck, Mrs. Gorski! by Anonymous Coward · · Score: 0

      Because TERRORISM!!!

    6. Re:Good luck, Mrs. Gorski! by Anonymous Coward · · Score: 0

      >hold them accountable

      Ha! That's the funniest thing I've read on the internet so far today. Of course, the day is still young...

      Ha! That's the funniest thing I've read on the internet so far this year. Of course, the year is still young...

    7. Re:Good luck, Mrs. Gorski! by davester666 · · Score: 1

      They got the idea from a movie. This guy just waved his hand and said "You don't need to see his identification....These aren't the droids you are looking for....he can go about his business....move along..." and they figured they would try that in court, and it seems to have worked.

      --
      Sleep your way to a whiter smile...date a dentist!
    8. Re:Good luck, Mrs. Gorski! by Dread_ed · · Score: 1

      If the IRS, EPA, State, and Justice departments are any indication, they can destroy whatever they want and the repercussions will be zero.

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
  2. How stupid do they think we are? by Anonymous Coward · · Score: 4, Insightful

    Nobody with a shred of common sense would actually believe that the government would actually erase all of this data. There will absolutely be copies of it on a secure, secret server somewhere in Spookland. This is nothing but a diversionary tactic.

    1. Re:How stupid do they think we are? by fustakrakich · · Score: 5, Insightful

      How stupid do they think we are?

      Looking at the voting records over the years, you might not want to know the answer to that question... Suffice to say, it's not pretty..

      And yes, there is no way of ever knowing what records are being kept. Just assume the worst..

      --
      “He’s not deformed, he’s just drunk!”
    2. Re:How stupid do they think we are? by tnk1 · · Score: 2

      Actually, they probably want to get rid of it so they can free up disk space for the new stuff they want. They probably already have most of the useful information they wanted out of the old stuff.

      There's probably less than 100,000 people that the US government gives enough of a crap about to keep material on them. The rest of us can be dealt with as needed without all this effort.

    3. Re:How stupid do they think we are? by tnk1 · · Score: 4, Insightful

      I don't think voters are stupid. That's really not fair. The reason for their "stupidity" is that they're attempting to fight against an evolved bureaucracy and two party system. These things have had generations to figure out how to be insensitive to mere individual voters, why do you think any random group of voters has a chance?

      We've come to see the government in the dual role of the bogeyman and our savior. We complain about it while voting to give it extra powers because we're trained to see the government or some law as the solution to every problem.

    4. Re: How stupid do they think we are? by Anonymous Coward · · Score: 0

      Amen, brother!

    5. Re:How stupid do they think we are? by rickb928 · · Score: 1

      And the two parties are virtually indistinguishable in action...

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    6. Re:How stupid do they think we are? by fustakrakich · · Score: 1

      ...because we're trained...

      That's no excuse. Transcending our "training" is our problem and obligation. All choices are personal.

      --
      “He’s not deformed, he’s just drunk!”
    7. Re:How stupid do they think we are? by Firethorn · · Score: 1

      There's probably less than 100,000 people that the US government gives enough of a crap about to keep material on them. The rest of us can be dealt with as needed without all this effort.

      That's actually part of the NSA's problem. All this effort into collecting ALL the information, and they don't have enough resources left over to properly analyze the stuff they actually care about.

      --
      I don't read AC A human right
    8. Re:How stupid do they think we are? by tnk1 · · Score: 1

      That's the theory, to be sure. In reality, few people really *want* to.

      If the government tells you its going to take care of things, it requires not only some degree of courage to tell it to get lost, it also requires someone to come up with a better idea.

      Let's face it. The government is looking like it is going to be our enforced charity and health care provider because no one can be bothered to even come up with an alternative plan. Just the thought of the government not being involved in health care or the financial industry or loads of other things scares the crap out of most people, and mostly because they don't see any way it could work without someone pointing a gun at you and forcing you to comply with some politician's plan.

      I responded to someone at Christmas who was okay with Sanders taking more tax money for health care to support other people. He'd done his homework and his household could accept the added cost. Of course, my question was, why didn't he spend that money already on a charity? Or give it to someone who needed it. Why is he waiting for Bernie Sanders to extract it from him?

      I know that reason. Assuming his sincerity, the actual reason he's waiting is because it isn't a simple matter for people to do their homework and make their own decisions. Many people may not even have the time or the wit to do so. They want some leader to tell them that this is what must happen.

      Don't believe for a second that it will be easy to overcome that sort of training. There are literally people out there who are better off with the government taking their money, than them actually donating it themselves, even though much of their tax money goes to the same charities after being run though the filter of paying for a government bureaucracy.

    9. Re:How stupid do they think we are? by Anonymous Coward · · Score: 0

      Its the inaction that distinguishes them. One is lazy and the other ineffective.

    10. Re:How stupid do they think we are? by Anonymous Coward · · Score: 0

      So vote for a third party. Problem solved.

    11. Re:How stupid do they think we are? by dsmatthews9379 · · Score: 1

      I hope they do keep a copy because in a century from now it will be a priceless scientific resource for sociologists and historians.

  3. We know one thing by Anonymous Coward · · Score: 0

    Everything they say is a lie.

  4. Why NSA? by Anonymous Coward · · Score: 2, Interesting

    Why on earth should the NSA be held accountable for something they implemented on behalf of politicians?

    How about prosecuting George W. Bush and Donald Rumsfeld for torture first?

    1. Re:Why NSA? by FlyHelicopters · · Score: 1, Flamebait

      That torture has to be illegal first, before you can do that. It wasn't at the time and actually still isn't.

    2. Re:Why NSA? by slashdot_commentator · · Score: 1

      Except you're not a lawyer specializing in civil rights or international law, so your proclamation really doesn't mean shit.

      --
      There is no America. There is no democracy. There is only IBM and AT&T and DuPont, Dow, General Electric, and Exxon
    3. Re:Why NSA? by bfpierce · · Score: 2

      International Law is a joke, you and everybody else should have figured that one out by now.

      There's nothing, and I mean NOTHING binding any government to adhere to it. Sanctions just make you look at it in a 'how much can I afford to get away with' way.

    4. Re: Why NSA? by Anonymous Coward · · Score: 0

      An argument against the person is not a valid rebuttal. If you think this person is wrong, refute it with facts. Otherwise, it's your statement that doesn't mean shit.

    5. Re: Why NSA? by slashdot_commentator · · Score: 1

      Most bright people learn not to wrestle with pigs.

      --
      There is no America. There is no democracy. There is only IBM and AT&T and DuPont, Dow, General Electric, and Exxon
    6. Re:Why NSA? by myowntrueself · · Score: 1

      International Law is a joke, you and everybody else should have figured that one out by now.

      There's nothing, and I mean NOTHING binding any government to adhere to it. Sanctions just make you look at it in a 'how much can I afford to get away with' way.

      Thats pretty much how it works in the USA anyway (emphasis added).

      --
      In the free world the media isn't government run; the government is media run.
    7. Re: Why NSA? by Anonymous Coward · · Score: 0

      The Treaty of Westphalia would disagree, it was the start of modern international law.

  5. Analyzing the data by Anonymous Coward · · Score: 0

    If the NSA wants to dump it then that probably means they've exhausted any value remaining from analyzing the data. They ought to sell some of the data to marketers. I'm sure that some valuable analytics relevant to them can be gained from the data. Might as well make some revenue from the spying to offset the NSA's huge black budget.

  6. Theory: by buck-yar · · Score: 1

    Dumping database A. But before they dump A, they copied A to B.

    So even though they are destroying all the data they've collected, there exists the same data elsewhere.

    During the purge/copy, anything incriminating the NSA will be wiped.

    1. Re:Theory: by Anonymous Coward · · Score: 0

      Yeah, place B is undoubtedly Bluffdale.

  7. Subpoena this data for Steven Avery/death penalty by Anonymous Coward · · Score: 0

    If I were a criminal defense lawyer in a life sentence or death penalty case I would subpoena these records for potential exculpatory evidence. Take the Making a Murderer situation as an example, wouldn't it be useful to get whatever data is available for Steven Avery, his family, the police etc on the key days in question. Potential exculpatory evidence to prevent unjust life in prison (or the death penalty in other cases) would seem to outweigh any other interests.

  8. Two sets of books by NotARealUser · · Score: 1

    I am sure the NSA has two sets of books. They will dump the data on the public books, but still keep the data in their huge data center out west. There is no getting rid of this data, only getting rid of the public's ability to use it against them.

  9. the Utah data center? by Anonymous Coward · · Score: 0

    This is great! So they don't need that massive Utah data center any more, right?

    It'll close up any time now, I imagine. Now that they won't been keeping the data from their mass warrantless surveillance programs.

    Uhh... right?

  10. What about the records they're gathering right now by penguinoid · · Score: 1

    I don't care nearly as much about the records they already gathered (and I'm not so foolish to think they don't have a backup copy). Aren't they still collecting new records?

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  11. How big it is ? by jcdr · · Score: 1

    I really wonder the data size of this 14 years record, even if there probably use some kind of compression.

    1. Re:How big it is ? by Anonymous Coward · · Score: 0

      Look at your list of phone calls over the past month. Now open a txt document and make as many copies of this string "To: 00-(555)-555-5555 From: 00-(555)-555-5555 01/01/1990 12:00:00 13:00:00" as is necessary to have a duplicate for every phone call you made. Save that file. How large is it?

      Multiple that by 12, then multiply THAT by 14, then multiply THAT by approx. 500,000,000 and you should be pretty close to the correct number. Since they are likely using Hadoop or something similar to store the data(I hope they aren't using an SQL based database or MongoDB or some other such nonsense) then the raw data probably is 10x that size and more than 1/10 that size(1 order of magnitude).

      Note: It's important that you don't attempt to compress that file however, as the lack of variation in the data contents should result in an unrealistically high compression ration vs. the real data.

      Any duplication of data they have as a result of playing combinatorics games with the sets contained within that data is probably in the ~200,000,000 fudge factor.

    2. Re:How big it is ? by jcdr · · Score: 1

      How can we be certain that the records contain only metadata about the call and not the call content, at least from the calls passing the targets detection filters.

  12. Rather stupid, apparently. by Shane_Optima · · Score: 1

    How much space would fourteen years' worth of compressed metadata take up? I strongly suspect a regular thumb drive would be up to the task. How much space would fourteen years' worth of speech-to-text (or manually transcribed, for higher priority targets) call transcripts compressed with language-specific PPM algorithms require? Doable on a four digit budget, I'm sure. Perhaps three.

    Now, when is the last time anyone in the intelligence community was given criminal or civil penalties (or even lost their job) for violating citizens' constitutional rights or for lying to Congress under oath?

    There is zero motivation for compliance here.

    1. Re:Rather stupid, apparently. by clodney · · Score: 1

      A quick google search says that Americans make 3 billion calls a day.

      Metadata consists of at least originating number, called number, time, and duration. Call it 64 bytes per call. Add in cell tower location data and it can be much bigger.

      Directory information changes over time, so if you are looking at a 14 year old record, you need to know who held each of those numbers at the time the call was made. So each call has linkages to 2 different pieces of directory information, call it 200 bytes per entry. And additional foreign keys in our metadata records.

      Lets make a wild ass guess at how many directory records there are, and how many are added/changed each year. I will postulate 250 million directory entries, with 10 million changing per year.

      So now we have:

      64 bytes * 3,000,000,000 calls a day * 365 days a year * 14 years = 981,120 gigabytes of data or 981 terabytes of data.
      (250,000,000 directory entries + (14 years * 10,000,000 changes per year)) * 200 bytes per = 78 gigabytes of data.

      And that assumes that only metadata is kept (no text to speech or compressed audio), and that only calls made within the US are captured (unlikely).

      The data can be compressed, but you are starting with on the order of a petabyte. I don't think it fits on a thumbdrive.

    2. Re:Rather stupid, apparently. by Shane_Optima · · Score: 2

      Hmm. Yes, I should have looked that up and crunched the numbers before giving any out-of-my-ass estimates. I'd no idea it was on the order of three billion calls per day. But how big would that number be once the high volume callers (telemarketers, customer service, etc.) were vetted and either eliminated or stored in a separate low-interest database? I suspect you'd lose an order of magnitude there. Perhaps several.

      Also, 64 bytes is far too big for a decent tailor-made algorithm. There's no need for a timestamp to be attached to each record. You could have a stream of timestamps in the compressed file and in-between them would be pairs of ID numbers representing the source and destination phone numbers. Four bytes gives you 4.29 billion unique phone numbers, so with this very basic scheme you're looking at barely over 16 bytes per call. This does not include any form of PPM, which for starters would allow you to truncate the destination ID in the vast majority of cases. You could also recover several bits from the ID numbers since you surely don't need a direct index of 4.29 billion numbers for optimal compression.

      I admit the written transcripts are probably significantly larger than my off the cuff estimation, but you have to realize that the vast majority of those phone calls are brief (and you first have to remove the ones that are automated, unanswered, busy signal, etc.) It's still peanuts compared to the total budget of the NSA. I suspect It's something that could be very easily concealed without a thorough independent audit.

    3. Re:Rather stupid, apparently. by Bob+the+Super+Hamste · · Score: 2

      A petabyte of storage isn't really anything when you are talking data center sized storage. It wouldn't even be a gallon jug full of microSD cards.

      --
      Time to offend someone
    4. Re:Rather stupid, apparently. by Shane_Optima · · Score: 1

      Add in cell tower location data and it can be much bigger.

      I forgot to respond to this point. You could enumerate all of the towers in America with what, 18 bits? Even if you listed latitude and longitude compressed with PPM and some kind of last-known journal, it wouldn't be nearly as big you'd think (given that most people don't travel a lot.) And cell tower based pseudo-GPS can get you close enough for a street address most of the time. At the end of the day with all optimizations applied I'm still reasonably confident we're well under 24 bytes on average, on a number of calls per day that we care about that's probably whittled down to something closer to 300 million.

      I can be wrong on some of the details but the bottom line is we're still talking about something that would cost, worst case, something on the order of ten thousand dollars (taken from a yearly general budget in the billions) that could be easily transported by a single person, with no significant consequences if the NSA were caught trying to preserve it.

      Ergo, it will never be destroyed.

    5. Re:Rather stupid, apparently. by Dread_ed · · Score: 1

      The only people that lose their jobs or are prosecuted are the whistle blowers who let the American people know the government is breaking the law.

      Jesus, typing that really brought home just how fucked our country is. What kind of bizarro world am I living in? How much longer can our government continue to operate with a complete lack of accountability and integrity?

      Time to pack up the patriotism, and pass the popcorn. This shithole is going down in flames, and probably sooner rather than later.

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
  13. Release Them To The Public! by littlewink · · Score: 1

    Let everyone read everyone else's e-mails and conversations: congressmen and presidents, priests, doctors, lawyers, businessmen and their workers, peons and plutocrats. Maybe we can, as a society, come to some conclusion about how we should handle privacy in the future.

    Researchers will have a field day. It will be hard to have your voice heard above the din of discontent as society's members see just how bad they look in the mirror.

    Let the great leveling begin!

  14. Imagine this by Anonymous Coward · · Score: 0

    Let's imagine the NSA or a someone working for them, wants to cut up a corpse. Then have sex with it. The NSA worker then proceeds to lick to said corpse. The ejaculate of the NSA worker is all over the dead body.

    What I am trying to say: "What can't the NSA get way with?".

  15. Nice try NSA by wkwilley2 · · Score: 1

    They just want to dump it so they can free up the space to keep recording.

    --
    Have you ever fallen asleep at the keybhanusdiog?
  16. 2 phone numbers + two times = 13 bytes. 200TB tota by raymorris · · Score: 1

    > Metadata consists of at least originating number, called number, time, and duration. Call it 64 bytes per call.

    Each phone number needs 34 bits (call it 5 bytes, 40 bits), start time 32 bits, and duration 16 bits. So 17 bytes with dumb storage, no compression, etc.

    The sorted field (start time) trivially goes to nearly nothing. Which field depends on how you store it. (If it's a simple log in chronological order, there would one timestamp (with 1-second resolution), followed by a few thousand calls made at that time.

    Assuming it is a simple log of start time followed by all of the calls at that time, that's 13 bytes per call, 200 TB total.

    It could be stored on a pocket full of micro SD cards.

  17. secret, yes. Somewhere is by raymorris · · Score: 1

    > There will absolutely be copies of it on a unpatched Windows server somewhere in Hilary's basement.

    FTFY
     

  18. Re:2 phone numbers + two times = 13 bytes. 200TB t by Firethorn · · Score: 1

    If we're talking about an actual database, I see a few issues with your metric.
    First, data alignment - due to the way modern computers are designed, it's probably cheaper/faster to pad out things like 5 byte values to 8 bytes. In addition, this would better allow for capturing country code - their interest in all phone calls is one thing, but I'd estimate that they're at least an order of magnitude more interested in international calls.

    By the same token, I'd have start time be 64 bits. This gives them the ability to have sub-second accuracy as well as using standard time protocols. Having an end time rather than duration gives you another 64 bits. Plus, while 16 bits is 'enough' for an 18 hour phone call with 1 second accuracy(unsigned, of course), I know of phone calls longer.

    That gives me 32 bytes per call, with all fields aligned at 8 byte increments, which should speed up access times considerably. Yes, it could be compressed. About 500 TB.

    Still, the idea that the database is somewhere between 200 and 1000 TB doesn't seem to be that far off. As clodney said - they could be storing more information than just what he said. What if they're also recording the subscriber numbers, which is the number used to represent the actual physical line, not the phone number assigned at the time? What about tower information? Etc...

    --
    I don't read AC A human right
  19. So in a nutshell... by Anonymous Coward · · Score: 0

    The NSA has identified records that they recorded which incriminate people they'd rather NOT get in trouble with, so they want to delete these records so it won't be found out they had them in the first place.

    Ya, sure NSA. Fucking fools if you ask me.

  20. I love it... by Kazoo+the+Clown · · Score: 1

    Yes, make them CHOKE on it. Make them EAT every last bit of surveillance data, and record every second of it for posterity. And they better not have suddenly deleted it, that's destruction of evidence, and they should be punished for that.

  21. Re:What about the records they're gathering right by AHuxley · · Score: 1

    Think about the past and what MAINWAY, MARINA, FAIRVIEW, STORMBREW was or even back to STELLARWIND, MAIN CORE.
    Collect it all has not changed as a domestic surveillance system to collect all signals intelligence within the USA.
    Some options are:
    Bring the gov and mil to the contractors rather than the contractors to a gov site. Same domestic data sets just new mission names and a bit of color of law to say the gov projects have ended as talked about in public.
    Bring in more 5 eye staff at "shared" sites or even 3rd party nations with US bases. More BOUNDLESSINFORMANT.
    Have other partners in the public or private sector do the collection and then just buy into the product.
    The same level of total collection just hidden as more Pen Register Trap and Trace or the use of domestic Analysis Centers or Technology Units.

    --
    Domestic spying is now "Benign Information Gathering"
  22. What a coincidence! by Gravis+Zero · · Score: 1

    this is quite serendipitous as I was just thinking about how I would like to dump the NSA... into a pit and then dump all of their data tapes/drives/etc on top of them... and fill the pit with molten steel. two birds with one stone! ;)

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