Slashdot Mirror


Secret Rules Make It Pretty Easy For the FBI To Spy On Journalists (theintercept.com)

schwit1 shares with us a report on a 11-part series led by The Intercept reporter Cora Currier: Secret FBI rules allow agents to obtain journalists' phone records with approval from two internal officials -- far less oversight than under normal judicial procedures. The classified rules dating from 2013, govern the FBI's use of national security letters, which allow the bureau to obtain information about journalists' calls without going to a judge or informing the news organization being targeted. They have previously been released only in heavily redacted form. Media advocates said the documents show that the FBI imposes few constraints on itself when it bypasses the requirement to go to court and obtain subpoenas or search warrants before accessing journalists' information. The rules stipulate that obtaining a journalist's records with a national security letter requires the signoff of the FBI's general counsel and the executive assistant director of the bureau's National Security Branch, in addition to the regular chain of approval. Generally speaking, there are a variety of FBI officials, including the agents in charge of field offices, who can sign off that an NSL is "relevant" to a national security investigation. There is an extra step under the rules if the NSL targets a journalist in order "to identify confidential news media sources." In that case, the general counsel and the executive assistant director must first consult with the assistant attorney general for the Justice Department's National Security Division. But if the NSL is trying to identify a leaker by targeting the records of the potential source, and not the journalist, the Justice Department doesn't need to be involved. The guidelines also specify that the extra oversight layers do not apply if the journalist is believed to be a spy or is part of a news organization "associated with a foreign intelligence service" or "otherwise acting on behalf of a foreign power." Unless, again, the purpose is to identify a leak, in which case the general counsel and executive assistant director must approve the request.

28 of 189 comments (clear)

  1. The Whole Game Is Rigged. by zenlessyank · · Score: 4, Insightful

    Yet they force us to play.

    1. Re:The Whole Game Is Rigged. by zifn4b · · Score: 4, Interesting

      Yet they force us to play.

      Even more interesting is how those of us that recognize this and learn how to play by the rules of said game to our advantage are demonized in a true hello pot meet kettle fashion. Who exactly do they think we learned this from? It's the Lucifer Effect. FWIW - I won't compromise my morals and ethics but I will use the same tactics as those that those do not have morals and ethics use, I just use them in a different way strategically. Want to fix the problem? Fix the game. The game is creating bad people.

      --
      We'll make great pets
  2. secret rules by turkeydance · · Score: 3, Funny

    make everything easy.

    1. Re:secret rules by zlives · · Score: 2, Insightful

      2013... thx obama

    2. Re:secret rules by HornWumpus · · Score: 3, Interesting

      Too soon.

      Everybody still remembers the 'free press' being owned by the Clinton campaign. Try again in four years, most Americans have poor memories, CNN, NYT etc might have a tiny shred of credibility back by then.

      Then again, that would require they tone down the propaganda for a period, so they might not.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    3. Re:secret rules by mars-nl · · Score: 2

      In a healthy democracy there shouldn't be such a thing as "secret rules".

      Now that USA has disqualified itself as the world's custodian of democracy and freedom, is there any other country that wants to volunteer for this job?

    4. Re:secret rules by postbigbang · · Score: 2

      You confuse corporate content, mostly bought and paid for, with untethered journalism. Most commercial media sway to the side that pays for them, just like the US Congress and Executive Branches.

      There are those journalists, not lackeys of advertisers, that do real work dealing with real facts, and not that alt-facts poo. Glenn Greenwald comes to mind, although I wonder if some of his reporting is backlash spite for Snowden.

      Clinton helped a perfect storm of idiots occupy 1600 Pennsylvania Av. We will not forget.

      --
      ---- Teach Peace. It's Cheaper Than War.
    5. Re:secret rules by HornWumpus · · Score: 2

      More government is not the solution for too much government. There are, in fact, more than two sides to any story.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    6. Re:secret rules by HornWumpus · · Score: 2

      Nice, keep it up. _Blatant_ fixing with smarmy attitude had everything to do with the results. Pretending they aren't now in a credibility crisis isn't going to do them any good. That would have been the strategy had Clinton won...now they don't have one.

      I say that having voted for Johnson.

      Next cycle, CNN should get no presidential debates. They can't be trusted.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    7. Re:secret rules by AmiMoJo · · Score: 5, Informative

      You vastly over-estimate Clinton's influence and power. It just so happened that her opponent was a lying asshole and the press noticed. His press officers going on rants about the media not accepting his alternate facts is not because the media is corrupt and controlled by his opponents, it's because the media makes some minimal effort to print the truth.

      That the media screws up sometimes is irrelevant, it doesn't mean you can just tell them any old bullshit and expect it to be accepted as equal to reality.

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

      You vastly over-estimate Clinton's influence and power.

      The press was by and large in the tank for Clinton. Whether it was newspaper owners holding fundraisers for her (Washington Post), or sending her releases of stories about her in advance for approval (Politico/New York Times), or sending her debate questions (CNN), the press in this country has demonstrated that they are not trustworthy to deliver unbiased news. These are only a few examples I can think off the top of my head. I'm sure the same shenanigans would have gone on even if Trump wasn't the GOP nominee.

      --
      Taking guns away from the 99% gives the 1% 100% of the power.
    9. Re:secret rules by dave420 · · Score: 2

      You are confusing "functioning government" and "broken government". Adding more government to a broken one can indeed help.

  3. The rules aren't what makes it easy by Anonymous Coward · · Score: 2, Insightful

    The rules aren't what makes it easy; the rules are used to justify it. The fact that "call records" are a thing that someone else stores for you, is what makes it easy.

    A modernized phone system would lack the capacity for anyone to be able to do this, regardless of any rules.

  4. Re:The classified rules dating from 2013 by Fire_Wraith · · Score: 5, Insightful

    They're wrong regardless of who's President.

    And that's entirely the point, and why you should be against this kind of thing regardless if you're on the left or right. You can't guarantee who comes next isn't someone you won't want to trust with that kind of unchecked and intrusive ability to spy on us all.

  5. Secret Moon Base by ScentCone · · Score: 5, Funny

    Trump used the time machine hidden on Putin's secret moon base to go back in time and convince Obama to empower the FBI with this power. Evil Trump, again!

    Because we all know that the Obama administration was The Most Transparent and Most Open and Most All Good Things ever, ever in history, ever. And that Hillary Clinton was a big fan and was going to continue his policies. Except for Trump's secret time travel leverage. Evil Trump!

    --
    Don't disappoint your bird dog. Go to the range.
  6. Important, but not news. by Anonymous Coward · · Score: 5, Insightful

    NSL's have more fuckery involved than just journalists. This isn't new, and many have been speaking up for a long time. Everyone needs to respect the bill of rights and constitution. I know some here enjoy bashing the second as well as being advocates of the 4th, but all need to be respected regardless of which American football team you pull for. NSL's should be illegal. Put your Obama and Trump bashing aside and unite for a common goal.

  7. Who counts as a journalist? by Anonymous Coward · · Score: 5, Insightful

    How exactly to they decide what news organizations are considered...well, news organizations, and by extension which people are considered journalists? Because if they set the bar low enough, then this is basically everyone. For example, by commenting on /. (a site that claims to provide news), am I contributing to the reporting of the news and therefore considered a journalist? What about someone with a blog, in which they report news about their own life or a topic of interest? For that matter, if facebook is a news site...

    The potential for overreach seems laughably high with this policy, even by US domestic spying standards.

  8. Can someone clarify "secret rules" for me? by cloud.pt · · Score: 5, Insightful

    Am I oblivious to the US Constitution? How can you have "secret rules", not approved/ratified/signed/passed/whatever in and by a public law.making body such as the upper house, the lower house, an executive order (am I missing something here?)? Aren't all these supposed to publicize new laws to those that vote? So people actually know what the guys they voted for are doing, and, you know, actually know if they are following the "most recent law"?

    Because the way I see this, when you have ad hoc "secret rules" applied by justice or intelligence bodies, that is the definition of abuse of power (or spying, which is basically "abuse of power" for non-judicial purposes). One thing is to know there are gag orders put in place to companies - those gags were approved publicly, so the people basically "know companies might or might not be screwing with your privacy rights", but such a thing as "secret rules" would turn that to "every government executive body or law enforcement might or might not be screwing with your _rights_" (as in "all rights", that's how broad it becomes).

    The existence of such rules mean, in essence, there can be rules like, for instance "allowing your or your entire family's execution because you ate a pretzel this morning without giving tip and a police officer didn't like it"; or milder, yet stupider things like "ban you from Netflix because you watch too much foreign movies". It gets that stupid.

    1. Re:Can someone clarify "secret rules" for me? by Anonymous Coward · · Score: 3, Informative

      I agree, it's stupid, but it's, sadly, remarkably easy to understand.
      One of the problems is called "Regulatory law" (as opposed to legislative law).

      Unfortunately, Congress often passes laws where it doesn't know what it's doing, so it drafts the law vaguely and defers the exact rule making to sub agencies.
      Thus, in crap like the Patriot Act, you have statements like "cannot intentionally capture data from US citizens", and the NSA taking their scumbag lawyers and writing briefs on exactly what THEY THINK that means. In these briefs, they do things like redefine words like "intentionally", "incidentally" to be completely meaningless, "capture" to mean only something applicable at gun point and with ropes, and then conclude that any section of the law that's inconvenient simply does not apply to them (and that off-hand comments can be extended to mean things that were never intended). These interpretations are internal to the department, and hence subject to classification - you know... for National Security and all that. These interpretations have the weight of law, and because the world will end if anyone will read these rules (you know... "national security"... ), the government established secret rubber-stamp courts, to handle any cases where their records cannot be viewed (because... national security).

      So yes, some TLA(3 letter agency) can covertly reclassify murder or terrorism as playing counter-strike, classify this inane decree (because... uhm... national security!), and arrest you, and try you with sealed records under a gag in a secret kangaroo court, because charging you in an open court would force them to reveal their super secret inane proclamation which they OBVIOUSLY can't do (national security dammit! You want terrorists blowing up children or something?!?).

      Sadly, I'm only partially exaggerating.

    2. Re:Can someone clarify "secret rules" for me? by AHuxley · · Score: 2

      In the past the NSA, NRO, CIA collected everything but did not want anyone knowing methods and ability.
      But the raw material had to get to the DEA, FBI and other agencies. The GCHQ could help too, Project MINARET https://en.wikipedia.org/wiki/....
      In the 1970's anti-war and civil rights groups started to notice the COINTELPRO https://en.wikipedia.org/wiki/... collection methods.
      Factions got created in the civil rights and anti-Vietnam war movements.
      Finally internal FBI documents made it out the wider public and US political leaders in 1971.
      Around that time the the US had the Pike Committee https://en.wikipedia.org/wiki/... and Church Committee https://en.wikipedia.org/wiki/....
      The result was the Foreign Intelligence Surveillance Act https://en.wikipedia.org/wiki/... to keep US citizens safe from collect it all agencies.

      If US agencies wanted to fill in that loss of power and ability after the 1970's US agencies had to get very legally creative under color of law.
      Working with US tech brands in the USA, US brands helping with decryption, direct gov/law enforcement/agency networks into US brands data.
      Thats what the secret is about. The decryption, domestic collection, the US brands that help, the lax junk big brand crypto.
      Collect it all, what was seen with PRISM https://en.wikipedia.org/wiki/....
      A US journalists' phone is a collection method thanks to the US brand of phone the US journalists trusted or was told had domestic legal protections.

      Finally the US is back to its 1960-70's glory with "Obama Opens NSA's Vast Trove of Warrantless Data to Entire Intelligence Community.. " (January 14 2017)
      https://theintercept.com/2017/...
      The minimization protections of US domestic data is gone. Many agencies now gets raw data "collect it all" data again.
      The secret rules tried to cover parallel construction https://en.wikipedia.org/wiki/... for a few decades but thats all gone now.

      --
      Domestic spying is now "Benign Information Gathering"
    3. Re:Can someone clarify "secret rules" for me? by Trailer+Trash · · Score: 2

      Am I oblivious to the US Constitution? How can you have "secret rules", not approved/ratified/signed/passed/whatever in and by a public law.making body such as the upper house, the lower house, an executive order (am I missing something here?)? Aren't all these supposed to publicize new laws to those that vote? So people actually know what the guys they voted for are doing, and, you know, actually know if they are following the "most recent law"?

      The other question is "why does the press not care until a Republican gets in the White House?" We all know the answer, of course.

      Related: note that a Navy SEAL died in combat, and that's suddenly front page news again.

  9. Thank you, Trump! by mi · · Score: 2

    The classified rules dating from 2013, govern the FBI's use of national security letters

    Well, thank you, Donald J. Trump!!! Oh, wait...

    --
    In Soviet Washington the swamp drains you.
  10. UK police force smacked down on the issue by Bruce66423 · · Score: 2

    A force that used its powers to target journalists' phones has been told off by the UK regulator on the issue.

    https://www.theguardian.com/uk...

  11. Context matters, except to #PresidentTweety by shanen · · Score: 3, Interesting

    The reality is rather more complicated than your feeble attempt at a joke might suggest. Not really blaming you. I wanted to think of some humorous aspect of the entire situation and came up drier than your attempted witticism.

    President Obama inherited a mess. The roots of the problem go back way before 2013, 2008, or even 2000. The entire governmental system has become hopelessly distorted by partisan politics. The founders hated political parties and understood the risks of putting party ahead of country. They probably would have outlawed political parties if they could have figured out any way to prevent the leopard from changing its spots, but at least they tried to isolate the sickness and keep it out of the judicial branch. Most prominently, that's why federal judges were appointed for life.

    A lot of people would point at Bush v Gore as the breaking point, but I actually think that was just the harvest. The seeds were planted decades before. Maybe Ike deserves the negative credit for trying to defuse two of his political adversaries by putting them on the Court? Or FDR for his attempts to pack the Court, though at least he failed in his bum's rush approach and had to wait for time to do its little ravaging act? Or maybe we should just jump all the way back to Marbury v Madison and President John Adams?

    Anyway, at this point I think whatever Obama did badly, #PresidentTweety is about to do worse.

    Nobody expects the Email Inquisition.

    --
    Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
    1. Re:Context matters, except to #PresidentTweety by shanen · · Score: 2

      No. Go study some information theory. Reality is not like that.

      You cannot pretend the complexity does not exist. If you force the legislature to ignore the complexities (by compressing their legislation), then the complexities will still exist and will be resolved somewhere else. If you prevent the bureaucracy (as part of the executive branch) from addressing the complexities (by compressing their regulations), then the complexities will still exist and will be resolved somewhere else. If you prevent the judges from addressing the complexities (perhaps by burning all the old rulings and abandoning res gestae), then the complexities will still exist and will still be resolved, probably at random. (Just a traditional analysis from the perspective of the American constitution, though there are other approaches and they all wind up at the same place.)

      I'm not saying that principles are bad. I would even agree that it is better if principles can be expressed concisely. However, principles can only guide you and you cannot appeal to first principles every time you encounter a complexity. (Unless NP = P? I don't think so.)

      Right now I'm thinking you might be one of the angry losers who supported #PresidentTweety for his delusional lies about delusional greatness. America is NOT going to wind the clock backwards. If it tried, the nation would merely sink into obscurity.

      If you are one of them, have you already started thinking about who you are going to blame next? I bet you won't blame #PresidentTweety or yourself. Or are you going to pretend to be surprised by the utterly vile persistence of reality?

      --
      Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
  12. Re:The classified rules dating from 2013 by fustakrakich · · Score: 2

    Other than a bit of role reversal the parties have not changed at all. And there is no hope as long as they continue to be rewarded with votes. Any and all change will have to come from the voters.

    --
    “He’s not deformed, he’s just drunk!”
  13. Why the eff are "Journalist" a protected class? by Kili · · Score: 3, Interesting

    Are we not ALL citizens entitled to the same constitutional protections of our inalienable rights? Why the heck is it special for journalists and why are we not all equal under the law?

  14. Re:The classified rules dating from 2013 by AHuxley · · Score: 2

    Think back to "Superspy in the sky could soon be patrolling over British cities to search for hidden terror cells"(April 2010)
    http://www.dailymail.co.uk/new...
    "The aircraft are able to identify suspects using 'voice-prints' "
    e.g. telephone traffic today can be matched to any voice on a TV interview many years ago.
    Quality is never an issue, just that the voice was captured and is in use again.
    The raw collection cost is low given well understood cell phone encryption.
    Speech Recognition is NSA’s Best-Kept Open Secret (May 11 2015)
    https://theintercept.com/2015/...
    The spoken words get transcribed, any interesting terms found. A voice print is kept to find the same person again on any voice network globally and all their connected friends of friends (3 hops).
    The only change is the new low cost contractor/private sector support. A city or state (with federal funding) can now add that voice print collection to their cell tower collection systems.
    The real key is getting the voice print of the person the journalist talked to. Live mic from the journalist own phone or their contact had a phone on them they used later.

    --
    Domestic spying is now "Benign Information Gathering"