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Yahoo Scan By US Fell Under Foreign Spy Law Expiring Next Year (reuters.com)

An anonymous reader quotes a report from Reuters: A Yahoo operation in 2015 to scan the incoming email of its customers for specific information requested by the U.S. government was authorized under a foreign intelligence law, parts of which will expire next year, two U.S. government officials familiar with the matter said. The collection in question was specifically authorized by a warrant issued by the secret Foreign Intelligence Surveillance Court, said the two government sources, who requested anonymity to speak freely. Yahoo's request came under the Foreign Intelligence Surveillance Act, the sources said. The two sources said the request was issued under a provision of the law known as Section 702, which will expire on Dec. 31, 2017, unless lawmakers act to renew it. The FISA Court warrant related specifically to Yahoo, but it is possible similar such orders have been issued to other telecom and internet companies, the sources said. Section 702 of the FISA governs a program exposed by former National Security Agency contractor Edward Snowden known as Prism, which gathers messaging data from Alphabet Inc's Google, Facebook Inc, Microsoft Corp, Apple Inc and other major tech companies that involves a foreign target under surveillance. Another type of spying the authority allowed under Section 702 is known as "upstream," and allows the NSA to copy web traffic flowing along the internet backbone located inside the United States and search for certain terms associated with a target. "The NSA has said that it only targets individuals under Section 702 by searching for email addresses and similar identifiers," Senator Ron Wyden (OR-D) said in a statement to Reuters on Monday. "If that has changed, the executive branch has an obligation to notify the public."

50 comments

  1. Don't worry by rossdee · · Score: 4, Insightful

    I am sure Congress will extend it

    1. Re:Don't worry by Anonymous Coward · · Score: 2, Insightful

      Probably already did, probably buried somewhere deep in the CR bs they just passed.

      [section 12.3.4.a.4.b(1).a is hereby amended to replace " no later than December 31st 2016 ", with "as such date determined to be appropriate by the DNI."]

    2. Re:Don't worry by Anonymous Coward · · Score: 0

      And either a President Obama or President Clinton will sign it.

      Or did you conveniently forget that part?

    3. Re:Don't worry by Anonymous Coward · · Score: 0

      Or a president Trump.

    4. Re:Don't worry by DickBreath · · Score: 1

      Trump? Not likely.

      The most likely next president is either President Clinton, or President Obama.

      Oh, and also possibly Hillary. So that's three possibilities.

      --

      I'll see your senator, and I'll raise you two judges.
  2. The only thing FAA 702 covers... by Anonymous Coward · · Score: 0

    ...and its sole and entire reason for being:

    Non US Persons outside the US.

    Foreign intelligence targets don't magically imbue themselves with US Constitutional protections simply because their communications enters, traverses, or otherwise touches something within the United States.

    1. Re:The only thing FAA 702 covers... by Anonymous Coward · · Score: 5, Informative

      The United States enumerates and protects BASIC HUMAN RIGHT for ALL PEOPLE, not just US Citizens. I don't know from where it originated the fallacy that the US Constitution applies only to US Citizens on US Soil. The Constitution prohibits the US violating the basic human rights of ALL PEOPLE, no matter where they are or of what nation they are a citizen.

    2. Re:The only thing FAA 702 covers... by Maritz · · Score: 3, Insightful

      The NSA is out to get enemies and potential enemies. That appears to have widened to anyone who isn't NSA. Hence your current problems.

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    3. Re:The only thing FAA 702 covers... by Anonymous Coward · · Score: 2, Informative

      Then the US government violates the US constitution on a massive scale, every day again.

    4. Re:The only thing FAA 702 covers... by Anonymous Coward · · Score: 0

      Wait... WHAT? Non-US citizens are now PEOPLE? Tsk. How far things have come...

    5. Re:The only thing FAA 702 covers... by BlueStrat · · Score: 4, Insightful

      The only thing FAA 702 covers... ...and its sole and entire reason for being:

      Non US Persons outside the US.

      Foreign intelligence targets don't magically imbue themselves with US Constitutional protections simply because their communications enters, traverses, or otherwise touches something within the United States.

      But it is being used to collect data on domestic targets which puts it in breach regardless of how many foreigners it's used on/for.

      The prohibition against general warrants would also apply.

      Sorry, but "compelling national interest" is not sufficient reason to violate the restrictions on government power in the US Constitution. Nearly every tyrant and authoritarian regime through history thought, at least in the beginning, that what they were doing by violating the mutual agreement between government and the governed was good and necessary for their national interest and their people. The road to Hell is paved with good intentions.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    6. Re:The only thing FAA 702 covers... by drinkypoo · · Score: 1

      Then the US government violates the US constitution on a massive scale, every day again.

      s/Then t/T/

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    7. Re:The only thing FAA 702 covers... by CrimsonAvenger · · Score: 1

      So, what else is new? I expect that about half the people wailing about this particular violation see nothing at all wrong with translating "shall not be infringed" as "shall be infringed if it scares me".....

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    8. Re:The only thing FAA 702 covers... by NatasRevol · · Score: 1

      No it fucking doesn't.

      Here's the first phrase in the constitution:

      "We the People of the United States"

      Not everyone, not people IN the US, but people OF the US.

      --
      There are two types of people in the world: Those who crave closure
    9. Re:The only thing FAA 702 covers... by Anonymous Coward · · Score: 0

      Traditionally, within certain limits, we had an implied extension of those rights to everyone who came in contact with us.

      Then again, up until 9/11 we were a lot like the Romans in that a Roman citizen anywhere was entitled to expect the same treatment from the Empire no matter where he traveled.

      We got rid of that silly little notion.

    10. Re:The only thing FAA 702 covers... by F.Ultra · · Score: 1

      Considering Snowden and that guy the FBI caught recently I would say that the potential enemies to NSA is also anyone who is NSA.

    11. Re:The only thing FAA 702 covers... by DarkVader · · Score: 2

      That's the section that says who is writing the constitution and why, not who rights apply to.

    12. Re:The only thing FAA 702 covers... by Beyond_GoodandEvil · · Score: 1

      The Constitution prohibits the US violating the basic human rights of ALL PEOPLE, no matter where they are or of what nation they are a citizen.
      Only on US territory. In both U.S. v. Verdugo-Urquidez and Odah v. U.S, the courts have held that non citizens outside the US, do not enjoy constitutional protections.

      --
      I laughed at the weak who considered themselves good because they lacked claws.
    13. Re:The only thing FAA 702 covers... by FeelGood314 · · Score: 1

      Whoa, don't let everyone know that. The US government first pretended the constitution didn't apply to black people, then to foreigners, next it was convicts, then it was anyone who happened too be to poor to hire a lawyer and lastly anyone the government decided was thought to be a terrorist.

      But I'm sure the constitution will always apply to my white males friends so I'm not worried.

      (I'm just staying safe up here in Canada and letting the USA act as a cautionary tale for us remaining democracies)

    14. Re:The only thing FAA 702 covers... by Anonymous Coward · · Score: 0

      They need a big, strong daddy government to cuddle with them and make them feel warm and protected.

      The constitution is an explicit listing of the powers of government. There is no explicit power to read email, except that regarding the search and seizure of papers and effects. Before you try to pull Bush's argument that this is a war power, consider that committing an act of war against the nation or its states is one of the two options for the treason clause.

    15. Re:The only thing FAA 702 covers... by Lost+Race · · Score: 1

      Then the courts fucked up. The letter and spirit of the law are crystal clear. Inalienable human rights are inalienable, for humans.

    16. Re:The only thing FAA 702 covers... by Sarten-X · · Score: 1

      The letter and spirit of the law also says that the courts are solely responsible for its interpretation.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    17. Re:The only thing FAA 702 covers... by Sarten-X · · Score: 1

      But it is being used to collect data on domestic targets which puts it in breach regardless of how many foreigners it's used on/for.

      Actually, the case in question was apparently a group of foreign individuals who would always identify their messages with a particular signature phrase, described as "highly unique" to the group in question.

      Yahoo was directed to capture only messages that matched that signature, and turn those over to the government, resulting in a high probability that only the foreign targets' messages would be collected by the investigators. That high probability, even if imperfect, is good enough to pass any legal or ethics review, because the investigation is actively trying to comply fully with the law.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    18. Re: The only thing FAA 702 covers... by Anonymous Coward · · Score: 0

      Then it's time for the Legislature to clarify that law so it is easier to interpret said law. Clearly, the Judiciary has chosen to interpret in a manner convienent to someone other than We The People.

    19. Re:The only thing FAA 702 covers... by BlueStrat · · Score: 1

      Yahoo was directed to capture only messages that matched that signature, and turn those over to the government, resulting in a high probability that only the foreign targets' messages would be collected by the investigators.

      That's the current story. Like many of these stories, this one may turn out to be untrue or only a partial truth. Maybe they actually showed some respect for the rule of law, as out of character as that may seem given past and recent revelations.

      Numerous other programs such as the ones revealed by Snowden do grossly violate the civil rights of US citizens so my comment, even if it may not be true in this individual case, stands.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    20. Re:The only thing FAA 702 covers... by BitterOak · · Score: 1

      The United States enumerates and protects BASIC HUMAN RIGHT for ALL PEOPLE, not just US Citizens. I don't know from where it originated the fallacy that the US Constitution applies only to US Citizens on US Soil. The Constitution prohibits the US violating the basic human rights of ALL PEOPLE, no matter where they are or of what nation they are a citizen.

      Citation please? It's a nice idea, but if what you are saying were true, the U.S. would never be able to be at war with another country.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
  3. Yahoo by Anonymous Coward · · Score: 0

    This company survived to the present day in part because their email systems were so ripe for abuse. You can guarantee a lot of account hacking and running scams were pulled on this service because very few other email providers made it so simple to open many email accounts. Their security was dismal and captchas were only added at one point because they were obviously getting a bit too overwhelmed by automated email accounts being.

    1. Re: Yahoo by Anonymous Coward · · Score: 1

      Yahoo Scan By US Fell Under Foreign Spy Law Expiring Next Year

      Happy to help!

    2. Re: Yahoo by Anonymous Coward · · Score: 0

      Here's a web page that might be of help to you:

      http://www.dictionary.com/browse/grammar

    3. Re:Yahoo by DickBreath · · Score: 1

      Let's not forget Yahoo's wonderful account creation process. Until a few years ago, one could create unlimited numbers of accounts. When the news of hundreds of millions of accounts being hacked was announced, there were no doubt some people who wondered: how many of my accounts are included in that, and what percent of those 500 million accounts are my accounts.

      I wish Microsoft had bought Yahoo for $40 Billion. It would have drained Microsoft's resources to do more evil. And the cultural as well as technical clash would have been entertainment for years and years.

      --

      I'll see your senator, and I'll raise you two judges.
  4. It shows again by Anonymous Coward · · Score: 0

    It shows again that US-based services cannot be relied upon. Even if the US government does not intercept your data, the service provider will be compelled or forced to hand it over. Keep data under your own control if at all possible and avoid by any means storing it in the US or with

    1. Re:It shows again by DickBreath · · Score: 1

      When you start writing something like that, you can expect the government to cut you off in mid sen

      --

      I'll see your senator, and I'll raise you two judges.
  5. Illegal, Un-Constitutional and MSM fail by moeinvt · · Score: 4, Insightful

    From the article:

    "The collection in question was specifically authorized by a warrant issued by the secret Foreign Intelligence Surveillance Court, said the two government sources"

    Notice how Reuters just regurgitates the info they get from "anonymous government sources"? They don't even bother to cite the law, nor do they question it on Constitutional grounds. Anonymous sources say that the FISA court said it was OK, therefore it's OK? Thanks for the investigative journalism.

    From The Fourth Amendment to the U.S. Constitution:

    "... no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized ..."

    IANAL, but it would be impossible for the government to demonstrate "probable cause" to search the e-mail messages of every single Yahoo! user. The word "particularly" is also very relevant here as it contrasts to "general". It's illegal to issue a "general" warrant. The verbiage is very deliberate in meaning that the "particular" person or premises must be named in the warrant. "All Yahoo! e-mail users" or "All e-mail on Yahoo! servers" is not a "particular" description.

    I'm not optimistic, but *maybe* there's a lawsuit here that will force a court ruling on this crap. If all Yahoo! e-mail users were affected, the government can't argue(as it has done successfully in the past) that the plaintiffs lack legal standing to sue.

    1. Re:Illegal, Un-Constitutional and MSM fail by Holi · · Score: 1

      Section 702 of the Foreign Intelligence Surveillance Act, what do you mean they don't mention the law?

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    2. Re:Illegal, Un-Constitutional and MSM fail by Anonymous Coward · · Score: 0

      Devil's advocate?
      The warrant was obviously for searching Yahoo. Yahoo users aren't Americans, nor do they own anything on yahoo mail servers anyway.

      Your emails are already scanned for spam and advertising purposes, so.... what gives you standing to sue when those systems index your mail for other purposes behind the scenes? It got delivered, nothing happened to you.

      I'm not sure you'd have a good case if yahoo dropped half your email out of spite and read the rest aloud in public, because email service isn't regulated.

    3. Re:Illegal, Un-Constitutional and MSM fail by Anonymous Coward · · Score: 0

      "The warrant was obviously for searching Yahoo"

      The same argument could theoretically be made for going through your mail, all the government would have to do is get a "warrant" for "anything in the possession of the USPS", search your entire apartment building by getting a "warrant" against all property owned by the owner of your building or even record your phone conversations via a "warrant" for any electronic signals passing through AT&T/Verizon/etc equipment. Obviously the courts would balk at any of these, so why is it OK when the items in question are emails? The simple answer is there isn't any meaningful justification, its slight of hand to try to bypass constitutionally guaranteed protections.

    4. Re:Illegal, Un-Constitutional and MSM fail by mentil · · Score: 1

      To be fair, it's Reuters, a newswire agency. They send along facts to other news sources who subscribe to their feed, and let them do the editorializing. Not that they never editorialize on their own site, but they have a "stick to the facts" background. If the Constitution is relevant to the story is up to the editors, apparently.

      --
      Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
    5. Re:Illegal, Un-Constitutional and MSM fail by AHuxley · · Score: 1

      AC the part your missing is "Foreign". You don't get a color of law rubber stamp to look at all US domestic content as that is fully protected from the US gov by the US Constitution.
      To look at any US content a court order per account or some other court document for a connected group of account users under active US investigation is the law.
      Just using the internet does not remove all US protections and make all content "Foreign" and a free for all to the NSA and other agencies.
      Color of law 4+ hops of looking at all domestic accounts is not a US "Foreign" court order.

      --
      Domestic spying is now "Benign Information Gathering"
  6. So now that everyone's ticked off... by Anonymous Coward · · Score: 0

    On the article last week about Yahoo being hacked and 500 million accounts being stolen, then this week about yahoo allowing the US Federal government to do a dragnet, then the big-name tech companies denying they do the same, all of which we basically threw a party making fun of you guys because at this point, it's either that or we cry, we finally have the PR people saying effectively the following:

    "Hay Guyz, It's perfectly legal!"

    I say we make even more fun of them, and just like a playground bully, we continue to do so just to torture the PR people into coming up with new, interesting, and entertaining spin. We all know it's lies but at least we can get a smile with our morning coffee, eh?

    I would really like a story about how illicit drugs and unicorns caused this. At least it wouldn't be so depressing.

  7. Yahoo by Anonymous Coward · · Score: 0

    Yahoo Scan By US Fell Under Foreign Spy Law Expiring Next Year

    Can we get this translated to English?

  8. But fuck Yahoo and Mayer by Anonymous Coward · · Score: 0

    Don't pay attention to the huge overreach of governmental powers, but let's instead be distracted by the dying tech company over here. Nothing to see here. Move along, citizen. And pick up that can while you're at it.

  9. Secret Courts...blah,blah,blah by Anonymous Coward · · Score: 0

    Anything after 'authorized by a secret court' are meaningless words. Once the US 'authorized' the use of 'secret courts', the entire premise of the US constitution disappeared. The US is no longer governed 'by the people'. That's very sad for me to say as I quite admired the US constitution & its attempt at 'enumerating people's rights' & putting the power of those rights in the hands of the people.

    1. Re:Secret Courts...blah,blah,blah by DickBreath · · Score: 1

      It's not just secret courts.

      Secret Courts
      Secret Laws
      Secret Interpretations of Laws
      Secret Court Orders
      Secret Warrants
      Secret Arrests (in the middle of the night)
      Secret Evidence (that the defense does not have access to)
      Secret Trials
      Secret Convictions
      Secret Prisons
      Secret Um . . . we call it . . . Enhanced Interrogation Techniques

      --

      I'll see your senator, and I'll raise you two judges.
    2. Re:Secret Courts...blah,blah,blah by AHuxley · · Score: 1

      That was only to cover the CIA and NSA in other nations. Or the GCHQ helping the NSA in the USA https://en.wikipedia.org/wiki/.... Fully US domestic protections should have been fully court protected.
      The legal community, NSA, other agencies all understood what the Church Committee https://en.wikipedia.org/wiki/... found and did.
      Domestic protections never went away under color of law, findings or secret courts.
      All domestic protections have total supremacy over any color of law collection efforts.
      What can the wider public do when they are been spied on domestically under color of law by gov, mil and brand?
      Feed the collection system junk. Just keep using the internet in amazing ways that fill the US collection systems with so much data that any collection is a joke.
      Create accounts with diametrically opposed habits and shopping. Searches and terms, funny to very boring and then back to very interesting.
      If big brands want to collect for big gov, create amazing fictional emails. Long paragraphs, flowing about the next whistleblower, going to the press, meeting contacts to collect data. Make it geographically and account holder believable. i.e. science or crypto or party political to fit the account holders wider fictional searchers and online persona.
      Log into your own drafts from a really unexpected ip range. Read and alter. Close the account. Start a new one later.
      If a big brand and big gov like content, enjoy the protected freedom of speech to create some marketing fiction with your own free account.

      --
      Domestic spying is now "Benign Information Gathering"
  10. "the executive branch has an obligation to notify" by Anonymous Coward · · Score: 0

    Obama? Live up to his legal obligations?!?!?!

    BWAAA HAAA HAAA

    That's a good one.

    Why, we can all file a Freedom of Information Act request for the data, so "the most transparent administration in history" can ignore it.

  11. Re:"the executive branch has an obligation to noti by DickBreath · · Score: 1

    Maybe he can given one more term in office.

    --

    I'll see your senator, and I'll raise you two judges.
  12. Oh, THAT 702... by Anonymous Coward · · Score: 1

    The same 702 that was set to expire in 2012? The same 702 that was enabled by the House and Senate in late December and signed by Obama on December 30, 2012, two days before expiration? The same one that many of us protested back in 2012? The same one that the government must be sure we've all forgotten by now so it can be quietly renewed next year by whatever muppet is installed as President? The one that was promised to target furriners only? The one in that bill there?

    Well, color me surprised. And if this is news to anyone, then someone needs a Gingko enema.

  13. Ooh I Got This One by mentil · · Score: 1

    a group of foreign individuals who would always identify their messages with a particular signature phrase, described as "highly unique" to the group in question

    Was it "E. Pluribus Unum"? Or "Yes, Mister President"?

    --
    Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
    1. Re:Ooh I Got This One by BlueStrat · · Score: 1

      a group of foreign individuals who would always identify their messages with a particular signature phrase, described as "highly unique" to the group in question

      Was it "E. Pluribus Unum"? Or "Yes, Mister President"?

      Nah.

      It was "suka blyat" (in Arabic since slashcode is too primitive for Cyrillic).

      As a result, many CS:GO players and others have had their email traffic closely watched.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
  14. While it may be legal under US law by treczoks · · Score: 1

    It is still a criminal offense when seen from other countries. Basically, it shows again that an American-based company is not trustworthy.for storing any data at all.