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Edward Snowden Says a Report Critical To an NSA Lawsuit Is Authentic (techcrunch.com)

An anonymous reader quotes a report from TechCrunch: An unexpected declaration by whistleblower Edward Snowden filed in court [last] week adds a new twist in a long-running lawsuit against the NSA's surveillance programs. The case, filed by the EFF a decade ago, seeks to challenge the government's alleged illegal and unconstitutional surveillance of Americans, who are largely covered under the Fourth Amendment's protections against warrantless searches and seizures. It's a big step forward for the case, which had stalled largely because the government refused to confirm that a leaked document was authentic or accurate. News of the surveillance broke in 2006 when an AT&T technician Mark Klein revealed that the NSA was tapping into AT&T's network backbone. He alleged that a secret, locked room -- dubbed Room 641A -- in an AT&T facility in San Francisco where he worked was one of many around the U.S. used by the government to monitor communications -- domestic and overseas. President George W. Bush authorized the NSA to secretly wiretap Americans' communications shortly after the September 11 terrorist attacks in 2001.

Much of the EFF's complaint relied on Klein's testimony until 2013, when Snowden, a former NSA contractor, came forward with new revelations that described and detailed the vast scope of the U.S. government's surveillance capabilities, which included participation from other phone giants -- including Verizon (TechCrunch's parent company). Snowden's signed declaration, filed on October 31, confirms that one of the documents he leaked, which the EFF relied heavily on for its case, is an authentic draft document written by the then-NSA inspector general in 2009, which exposed concerns about the legality of the Bush's warrantless surveillance program -- Stellar Wind -- particularly the collection of bulk email records on Americans.
"I read its contents carefully during my employment," he said in his declaration. "I have a specific and strong recollection of this document because it indicated to me that the government had been conducting illegal surveillance."

35 of 70 comments (clear)

  1. Re:One problem by b0s0z0ku · · Score: 1

    Surveillance dates back to the 60s and 70s in the US, if not earlier. It just became expanded and more accepted after 9/11. People went from happy ex-hippies to scared suburbanite sheep in one day. Bleating... "anything to keeeeeep uuusssssss ssaaaaaaafe."

  2. Too late to vote tem out, too early to start shoot by denis.goddard · · Score: 2, Interesting

    The Federal Government is corrupt beyond fixing. Which is why I joined thousands of others to concentrate our efforts â" the Free State Project. Itâ(TM)s also why I use Tor, Monero, Signal, and look forward to getting a Purism phone. They will try to surveil; we will encrypt and use open systems!

  3. Snowden is a hero. by Anonymous Coward · · Score: 5, Insightful

    Snowden should be pardoned and welcomed home for the good deeds he did for us.

    He broke the law because the law was being abused, and he revealed the ways that our government was boldfacedly betraying all of us and lying to us. He didn't weaken national security, he gave us the evidence we needed to call our government on their treachery.

    1. Re:Snowden is a hero. by Anonymous Coward · · Score: 1

      The primary function of government is to protect its citizens, in your opinion.

      And it's a good one. However, the actual members of government have a different opinion. They think their primary function is to assert their will on to the citizens, to profit themselves at their citizen's expense.

      History shows that most governments to terrible things to their people. So, we can't just let that power run unchecked, lest we be the next victims in that same history book.

    2. Re:Snowden is a hero. by Anonymous Coward · · Score: 1

      They do want to know if that same 42 y/o white male is spewing anti semitic hate on social media forums and looking up how to kill as many people with an AR-15 style rifle.

      That's why the government efforts are spying on non-social, non-media communications between individuals and why we've consistently seen lone wolves on social media forums talking their anti-Semitic hate and killing people. Not only do the not look in the right places but generally there's way too many people making the same sort of noise and doing nothing to actually figure out the one guy who is actually go through with it until after they do it. It's like "A Penny for Your Thoughts"--just being able to reach into someone's head/secret communication doesn't magically tell you the future.

      Of course the cynic would argue that the government does know and could act but refuses to either because they don't care or they wish to exploit each attack for their own benefit. One thing is certain is that for all the talk, the sort of surveillance of Americans has done little to nothing to protect us from each other. There's a reason why the NSA's mandate is to spy on other countries: they're the ones who are a potential treat to Americans in a substantial way. If they couldn't figure out 9/11 was going to happen from monitoring non-Americans for years, what makes you think monitoring Americans will suddenly stop the next 9/11? More importantly, to stop before it starts the next possible war that will result in the death of millions to hundreds of millions is actually the purpose of NSA spying, not the relatively minor terrorist attacks, foreign or domestic.

      In almost every conceivable way, not only is the NSA spying of Americans illegal and ineffectual for what it claims to be, it diverts resources towards meaningful and legal activities. It's the precise opposite of what should have been done.

    3. Re:Snowden is a hero. by Curunir_wolf · · Score: 5, Informative

      The primary function of government is to protect its citizens

      No, that's false. Politicians say that all the time, but it's NOT true. No public office holder (in the US), nor military person or Federal law enforcement officer, ever makes such a promise. Instead, the oath they are required to make is to "protect and defend the Constitution of the United States." The Constitution that includes the 4th Amendment, which forbids unreasonable search and seizure.

      It doesn't matter what they think they should be doing to "protect" the citizens. Their first obligation, which they swore to as a condition of serving, is to defend the Constitution. Full Stop.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    4. Re:Snowden is a hero. by jd · · Score: 2

      The first job of government is to obey the law. If the law won't cut it, change it.

      The problem with Big Data, which you still miss, is that. Individuals are irrelevant. It's not about people, it's about populations. These tools could not be used the way you suggest.

      Third, terrorism has increased as surveillance has, none of whom were caught by
        surveillance, proving it is not about protecting people.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    5. Re:Snowden is a hero. by jd · · Score: 1

      Agreed. If they do not accept the bill of rights, have them put the changes to Congress lawfully.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    6. Re:Snowden is a hero. by rainer_d · · Score: 1

      He is a hero - and a traitor at the same time.

      And I'm pretty sure he, being the smart kid he is, was always aware of that, too. Ever since he copied the first file.
      It's an enormous sacrifice.

      --
      Windows 2000 - from the guys who brought us edlin
    7. Re:Snowden is a hero. by ogdenk · · Score: 1

      Snowden is a fucking traitor and nothing more than a russian spy/tool. Period.

      He's a whistle blower. The government is commiting criminal acts against American citizens. The NSA's job is NOT to spy on American citizens on US soil unless they are communicating with foreigners.

      The primary function of government is to protect its citizens, so no shit the government is going to surveil its citizens.

      Bullshit. The primary function of government is to secure the rights of its citizens. Not to protect us from ourselves. Not to surveil us.

      Do you honestly think they give a crap if some 42 y/o fat ass white man likes to watch midget porn? Nope...

      The old you've got nothing to hide if you have nothing to fear trope. Whether they give a crap as a whole or not, the government is made up of people happy to abuse their power for their own personal profit or amusement. People have used these powers to stalk girlfriends and any other stupid shit you can imagine.

      They do want to know if that same 42 y/o white male is spewing anti semitic hate on social media forums and looking up how to kill as many people with an AR-15 style rifle.

      Hate is not illegal. Looking up info is not illegal. This is not minority report. There is no "pre-crime". You are not guilty of a crime until you actually commit a violent act. In fact, building an unregistered AR on your kitchen table with parts ordered off of the net is perfectly legal in most states.

      It's hilarious how butthurt people are over a souped-up .22 rifle. The AR15 is not that impressive. 5.56x45 is not some super round with ultimate killing power. AR15s just look cool. An AR10 or old M1A will shred people far more effectively. And the M1A looks like grandpas hunting rifle.

      Guns are fucking legal. So are big magazines. Get over it. There's no magic knowledge on "killing as many people as possible.

      Insert mag. Pull charging handle. Point. Start squeezing repeatedly. Guns are not fucking rocket science. Most of us gun owners have a few scary looking black rifles. Yet we all are not running around shooting up places. The AR15 is the most popular rifle in the united states. It's a standardized platform produced by every manufacturer that can be customized for any purpose. It's the "PC clone" of rifles. They aren't any better or worse than any other gun. Just scary looking and standardized.

      Get off your high horses and if you don't like what the government is doing you can find another country to live in. Perhaps Russia?

      Just because it can be worse doesn't mean we shouldn't fix this shit as soon as possible before regaining liberty without mass bloodshed and horror is out of our grasp permanently. We are on a rapid slide into inescapable tyranny and complacent pussies like you are the main problem.

    8. Re:Snowden is a hero. by ogdenk · · Score: 1

      Or put more simply:

      It's their job to secure the rights of the people.

    9. Re:Snowden is a hero. by Agripa · · Score: 1

      The primary function of government is to protect its citizens

      No, that's false. Politicians say that all the time, but it's NOT true. No public office holder (in the US), nor military person or Federal law enforcement officer, ever makes such a promise. Instead, the oath they are required to make is to "protect and defend the Constitution of the United States." The Constitution that includes the 4th Amendment, which forbids unreasonable search and seizure.

      It doesn't matter what they think they should be doing to "protect" the citizens. Their first obligation, which they swore to as a condition of serving, is to defend the Constitution. Full Stop.

      Further, the courts have repeated ruled that absent a statute saying otherwise, the government has no obligation to protect citizens or people under its jurisdiction. And there is no obligation even if that same government places them in peril.

  4. Admissible? by david.emery · · Score: 1

    IANAL, but the inability to cross-examine Snowden might well make this inadmissible.

    (And that's without expressing my highly unfavorable opinion of the author.)

    1. Re:Admissible? by AvitarX · · Score: 1

      They could choose to allow a deposition, a remote one even.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    2. Re: Admissible? by AvitarX · · Score: 2

      That is completely untrue.

      I've edited hundreds of depositions to use as court testimony specifically because the witness was outside of court jurisdiction and couldn't be compelled to testify in person.

      Not only were they valid for discovery, but they were also valid for use as evidence.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    3. Re: Admissible? by AvitarX · · Score: 1

      I would lean on agreeing with you, they won't allow a proper deposition.

      But they certainly could. I doubt either decision (to allow or to block) would be reversible, it's pretty much up to the judge.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  5. Re:One problem by Narcocide · · Score: 2

    But what if they didn't, though? What if that perception of that particular public preference was just the symptoms of coordinated astro-turfing already, way back then? What if we all fell for it? I know I was one of the people clamoring against creating a giant creeping national security liability under the guise of national security. Weren't you, too? What if we all were? What if nobody wanted this except for a handful of rich and viciously evil traitors or foreign nationals? What if they tricked us into all blaming each other for it instead of taking action before it was too late?

  6. Re:Too late to vote tem out, too early to start sh by Anonymous Coward · · Score: 3, Insightful

    It is the nature of governance that it corrupts. No government can ever be kept free of corruption, it's impossible.

    The only thing we can do is keep it accountable. The more public their actions, the better behaved they are. Public accountability is the only thing we have that works.

    Tools that allow us to sneak around unseen may help us to do things of which they disapprove (including completely legal things such as honest journalism and so forth), but it won't stop them from being corrupt nor from harming us with their corruption. A shadow state is not a free state; it is merely an anarchic one (which, as we all know, is inherently unstable and vulnerable to malicious criminal elements). There can be no "final victory" over corruption, not by means of encryption, not by any other means.

    Apply political pressure towards the goal of keeping our leaders' actions visible and accountable. That is how we keep their evil in check, and endure.

  7. Re:One problem by b0s0z0ku · · Score: 1

    Sadly, the average American DID turn into a scared lemming after 9/11 and was willing to accept a high level of inconvenience and surveillance just to be "saaaaafe."

  8. Re:One problem by Cmdln+Daco · · Score: 1

    The sea change for post-Vietnam American defensive-aggression came in 1979 with the Iran hostage crisis. I was there and saw it happen. The 9/11 attack was just a further and much greater escalation.

  9. Re:One problem by Narcocide · · Score: 1

    But you don't actually know that. You didn't talk to them each personally. Nobody did. You couldn't possibly have even got a reasonable sized sample set by now if you had tried.

  10. Re:Too late to vote tem out, too early to start sh by bill_mcgonigle · · Score: 1

    This is why reading comprehension is important, folks.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  11. Re: One problem by phantomfive · · Score: 1

    Then surveys wouldn't indicate that many, if not most, Americans support surveillance.

    --
    "First they came for the slanderers and i said nothing."
  12. Re:You have no rights by Drishmung · · Score: 1
    "The right to buy weapons is the right to be free" The Weapon Shops of Isher .

    I really enjoyed that book when I was a kid. (Unfortunately, it's got rather a lot of magical thinking, around the nature of the weapons themselves.)

    If there were a correlation between gun ownership and freedom, you'd expect the top 10 gun owning nations to largely overlap the top 10 most free nations. Oh well, correlation does not imply causation.

    To think about it another way, and quoting some pop culture: "Culture eats Strategy for breakfast". Countries with a culture of democracy don't mind if their citizens have guns---Switzerland and New Zealand both have quite a few guns, but very strict laws about their ownership. Without the culture, giving your citizens guns doesn't make them democratic, it just makes more of them dead.

    --
    Protoplasm. Quiet Protoplasm. I like quiet protoplasm.
  13. Re:One problem by AHuxley · · Score: 1

    Project SHAMROCK https://en.wikipedia.org/wiki/... and Project MINARET https://en.wikipedia.org/wiki/... show the domestic spying goes back generations with no protections against collect it all.

    --
    Domestic spying is now "Benign Information Gathering"
  14. Lying is LEGAL including to congress by Anonymous Coward · · Score: 1

    https://www.fff.org/2014/09/12/remembering-the-criminal-conviction-of-the-director-of-the-cia/
    Using that twisted logic you could argue with is more important in the constitutional pecking order. The CIA or whoever do not want black letter law interpretation to go to trial. A reasonable person would say doing a Helms is OK - if you had no jurisprudence awareness.

  15. Re:One problem by AvitarX · · Score: 1

    No, but I personally watched conservatives (the traditional check on this type of thing) quickly become pro mass surveillance.

    And it wasn't until the Snownden leaks that anyone really seemed to care.

    --
    Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  16. Re:One problem by AvitarX · · Score: 1

    Do you have any citation for that?

    I don't think Gallop polls elections, and the polls in general showed a very close race (and were about as accurate as any given year).

    --
    Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  17. Re:Too late to vote tem out, too early to start sh by jd · · Score: 1

    You are correct about the nature of the problem, so one option is a heuristic. If government is self-replacing, it never lasts long enough to corrupt.

    A second option is to have no common vector. Have the second house be chosen at random from a meritocracy or a noocracy. Hybrids are stronger than pure systems. Fixed, single terms from a random population of achievers and thinkers mean all the attack vectors for a democracy don't work. There are new attack vectors, but they don't work on a democracy.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  18. Re:One problem by currently_awake · · Score: 1

    If your Gallup Poll is based upon voter oppinions while your electoral results are based on jerymandering/collusion/vote rigging then those results make sense.

  19. Re:Too late to vote tem out, too early to start sh by currently_awake · · Score: 2

    A constantly changing government of amateurs means the beurocracy runs the country. Experienced politicians are better at the job. Outlaw politicians taking money from anyone who can't vote for him/her. Have a cap on donations from a single person. Force politician to put their investments/company in a blind trust while in office. Adopt a Proportional Representation system, so you don't have a government that 2/3 of the voters voted against and voting third party isn't throwing away your vote.

  20. Re:Too late to vote tem out, too early to start sh by Megol · · Score: 1

    That's why democracy is the best system we know for the long term. It surely isn't perfect, far from it, but it allows moderation of the corruption as long as the system is balanced.

  21. Re: Too late to vote tem out, too early to start s by e3m4n · · Score: 1

    For the legislative branch, make it like jury duty. Itâ(TM)s not like these fucking idiots know what the hell theyre doing. Didnâ(TM)t know anything about the shit they vote on. They go ask a few questions and talk to a few advisors. Anybody can fucking do that. The problem with people that of been in there so long is that they know where all the bodies are buried. They use that to get their way and thats part of the reason why they are corrupt. Someone like you or me should go to their mailbox, opened up, and then say shit I have senate duty this year.

  22. Re: Too late to vote tem out, too early to start s by e3m4n · · Score: 1

    Every time you Give examples of hypocrisy, for either fucking party, both the candidates and all their supporters rally to explain how it is not hypocrisy because they dont believe in such a word. Give examples of hypocrisy, for either fucking party, both the candidate and all their supporters ralley to explain how it is not hypocrisy because they dont believe in such a word.

      And if you do not believe the media is purposely against you, think about the way they demonize the word nationalism. Doesnt the idea of country first also mean not putting our fucking nose in other countries business? But the media will make that into an evil evil idea. However will they sell newspapers if we are not always at each others throat?

  23. I remember a lawsuit against the telcos by 3seas · · Score: 1

    For participating in helping the US gov spy on US citizens in many different ways, from email to financial transactions to listening in on phone calls after 9/11. It was thrown out by the judge.

    The claim was the government was looking for terrorists but the fact of the matter is that is as insane as looking for a needle in a hay producing state. Given the fact that any terrorist group if using such vulnerable communication would simply use common phrases of which they would have different meaning among themselves but perceived by others as common. In a word or two, double speak. And we all know how well skilled politicians are at this.

    Ultimately, the current lawsuit regardless if won or lost is not going to stop government unconstitutional spying on US citizens. How to know this: Understand the pentagon cannot account for 10's of trillion of US taxpayer dollars spent. Why? Because they have used it to develop and expand the Deep State spying facilities and technology as Snowden has referred to but without mention of where they got the funds from. What lead up to 9/11? The Trillion Dollar Bet world stock market draining South East Asia finances, Indonesia was hit hard and at that time it had, by CIA stats 88% Muslim. 9/11 a cover up of a massive theft? Building 7 contained the SEC investigation into the this stock market matter and the pentagon, it was the accounting department destroyed. Enron, Worldcom, etc, investors in the bet w/o telling their share holders what they were doing (embezzlement?) ?

    Given such a buildup expansion of the deep state spying as Snowden has made the world aware of, who really thinks all this buildup is going to be dismantled?

    Vault 7....