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Disputed NSA Phone Program Is Shut Down, Aide Says (nytimes.com)

According to a senior Republican congressional aide, the National Security Agency has quietly shut down a system that analyzes logs of Americans' domestic calls and texts. "The agency has not used the system in months, and the Trump administration might not ask Congress to renew its legal authority, which is set to expire at the end of the year, according to the aide, Luke Murry, the House minority leader's national security adviser," reports The New York Times. From the report: In a raw assertion of executive power, President George W. Bush's administration started the program as part of its intense pursuit for Qaeda conspirators in the weeks after the 2001 terrorist attacks, and a court later secretly blessed it. The intelligence contractor Edward J. Snowden disclosed the program's existence in 2013, jolting the public and contributing to growing awareness of how both governments and private companies harvest and exploit personal data. The way that intelligence analysts have gained access to bulk records of Americans' phone calls and texts has evolved, but the purpose has been the same: They analyze social links to hunt for associates of known terrorism suspects.

Congress ended and replaced the program disclosed by Mr. Snowden with the U.S.A. Freedom Act of 2015, which will expire in December. Security and privacy advocates have been gearing up for a legislative battle over whether to extend or revise the program -- and with what changes, if any. Mr. Murry, who is an adviser for Representative Kevin McCarthy of California, raised doubts over the weekend about whether that debate will be necessary. His remarks came during a podcast for the national security website Lawfare. Mr. Murry brought up the pending expiration of the Freedom Act, but then disclosed that the Trump administration "hasn't actually been using it for the past six months." "I'm actually not certain that the administration will want to start that back up," Mr. Murry said. He referred to problems that the National Security Agency disclosed last year. "Technical irregularities" had contaminated the agency's database with message logs it had no authority to collect, so officials purged hundreds of millions of call and text records gathered from American telecommunications firms.
A spokesman for Mr. McCarthy's office said that Mr. Murry "was not speaking on behalf of administration policy or what Congress intends to do on this issue."

25 of 117 comments (clear)

  1. Sure it is... by Anonymous Coward · · Score: 5, Insightful

    Government officials outright denied having such program in the first place, up until Edward Snowden revealed that this stuff was indeed real and in use. How can we trust them to tell the truth now?

    1. Re:Sure it is... by phantomfive · · Score: 3, Interesting

      Trump doesn't seem to like the NSA or FBI very much. That could theoretically be a false flag, but I think they actually just don't like each other.

      --
      "First they came for the slanderers and i said nothing."
    2. Re: Sure it is... by Anonymous Coward · · Score: 3, Informative

      You apparently cannot read, your statement had nothing to do with anything above it. Also yes, the NSA collects a lot of stuff including data involving Americans, and no, it's not illegal.

      But here's the text of the link you were too lazy to read or reply to :

      Despite their insistence that there was “no collusion” with the Kremlin, Trump associates had plenty of secretive interactions with Russians. The Washington Post reported on Wednesday that Special Counsel Robert Mueller has evidence that a meeting in the Seychelles days before Donald Trump’s inauguration was an effort to set up a back channel between the Kremlin and the incoming administration. As you may recall, Jared Kushner previously admitted that he discussed the possibility of communicating privately with Moscow during the transition — though he said his goals were innocent, and the link was never established.

      The true nature and purpose of these efforts remain a mystery, but recent reports have shed more light on the push establish a link between Team Trump and the Russians in the months before the president was sworn in. Here’s what we know so far.

      Kushner, Flynn, and Kislyak Discuss Back Channel
      There were several calls between Sergey Kislyak, Russia’s ambassador to the U.S., and Trump campaign officials Jared Kushner and Michael Flynn prior to Election Day, according to Reuters. In a statement before his closed-door appearance before the Senate Intelligence Committee in July, Kushner said he had no recollection of these calls. Kushner initially failed to list dozens of contacts with foreign officials on his security-clearance form, and was recently stripped of his temporary top-secret clearance.

      Kushner and Flynn secretly met with Kislyak in Trump Tower on December 1, 2016. Last spring the Washington Post reported that Kushner proposed using Russian diplomatic facilities in the U.S. to establish a back channel for communication between the Trump transition and the Russian government. U.S. intelligence intercepted Kislyak describing the request to his superiors.

      Kushner told Congress that Kislyak raised the idea, saying he wanted to convey information from his “generals” about the Syrian civil war, but needed a secure line. Kushner said he suggested going through the Russian embassy, but nothing came of it:

      I believed developing a thoughtful approach on Syria was a very high priority given the ongoing humanitarian crisis, and I asked if they had an existing communications channel at his embassy we could use where they would be comfortable transmitting the information they wanted to relay to General Flynn. The Ambassador said that would not be possible and so we all agreed that we would receive this information after the Inauguration.

      On December 1, Kushner, Flynn, and Kislyak also talked about setting up a meeting between a Trump associate and a Russian contact, according to the Post:

      In addition to their discussion about setting up the communications channel, Kushner, Flynn and Kislyak also talked about arranging a meeting between a representative of Trump and a “Russian contact” in a third country whose name was not identified, according to the anonymous letter.

      Flynn resigned as Trump’s national-security adviser on February 13, 2017, saying he gave fellow administration officials “incomplete information” on his discussions with Kislyak regarding sanctions. On December 1, 2017, he pleaded guilty to lying to the FBI about those discussions during the transition, and he’s now working with Mueller.

      Trump welcomes Sheikh Mohammed bin Zayed Al-Nahyan to the White House on May 15, 2017.
      Secret Trump Tower Meeting With Emirates Leader
      Kushner and Flynn, along with Steve Bannon, had another secret Trump Tower meeting with the crown prince of the United Arab Emirates on December 15, 2016. In a breach of protocol, Sheikh Mohammed bin Zayed Al-Nahyan did not notify

    3. Re: Sure it is... by Archangel_Azazel · · Score: 2

      The Clinton-Russia Coverup continues..

      As does Russia's efforts to ensure we pay attention to the dancing bear. Nothing else to see here folks just a circus, oh and a bit of bread.

      --
      Your mind is like a parachute. It works best when it's been opened.
    4. Re: Sure it is... by kilfarsnar · · Score: 3

      Why won't the FBI declassify the Uranium One documents? Who was FBI director at the time of the Uranium One deal? Why didn't Mueller recuse himself in the so-called "Russia investigation"?

      The Clinton-Russia Coverup continues...

      Really, we're still on the Uranium one deal? Fox News, of all outlets, debunked this over a year ago.

      From the linked article: "The accusation is predicated on the charge that Secretary Clinton approved the sale. She did not," Smith said. "A committee of nine evaluated the sale, the president approved the sale, the Nuclear Regulatory Commission and others had to offer permits, and none of the uranium was exported for use by the US to Russia."

      There is plenty for which to criticize Hillary Clinton. You don't have to resort conspiracy theories.

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    5. Re: Sure it is... by mSparks43 · · Score: 3, Interesting

      ->Why didn't Mueller recuse himself in the so-called "Russia investigation"?

      Assuming this is a serious question and not just retorical propaganda.

      Because he didnt have a conflict of interest from being involved in the Trump campaign.

      Luckily for the entire Americunt justice system. Previously investigating criminals in the past doesnt mean you have to recuse yourself from investigating criminals in the future.

      Being motivated to put effort into finding crime makes for a good investigator.

      And also, he had previously been involved in covering up both Trump and Clintons visits to Lolita island, so they could be sure he wouldn't expose too much about the wrong people.

    6. Re: Sure it is... by kenh · · Score: 2

      As Secretary of State she could have killed the sale, and as Secretary of State she would likely be able to influence the Presidentâ(TM)s decision as part of her normal duties.

      When approval must be unanimous, any one of the approves can make or break the deal.

      Could the deal have gone forward without her approval/support? Doubtful.

      When HRC was on a trajectory to the Oval Office her houndation took in huge amounts of donations, as soon as she lost the election donations all but stopped. Coincidence?

      We know that her scheduler made notes of major foundation donors on her daily schedule as (fob, friends of bill) - why would donations stop if not connected to her work? The mission of the foundation never changed. Why note FOB on calendar if it didnâ(TM)t get the visitor special access?

      --
      Ken
  2. NSA? Google! by Anonymous Coward · · Score: 3, Insightful

    Google knows more about all of us than the NSA,

    1. Re:NSA? Google! by Anonymous Coward · · Score: 2, Interesting

      It's this. And people don't seem to realize or care.

      A lot of the spying that the NSA does has been outsourced to tech companies that collect the same information "for advertising purposes." Totally legal and completely opaque.

      They then grant government agencies complete access to their databases as part of secret government contracts. Sometimes these are several layers deep - there are a ton of "aggregation" companies that do nothing but merge "advertising" data from multiple sources. So you'll get a "market research" company that correlates Google and Facebook and Twitter data into a single consumer profile, which can be used to target advertising ... or for the NSA to track people.

      The NSA is really shutting down some of its surveillance programs because it legitimately does not need them any more because it can just outsource to private companies. Some of the creepier outsourced programs are things like license plate scanner databases, where private companies drive around scanning license plates and storing the times and locations in a giant searchable database. They sell access to this to repo companies hunting for vehicles... and also the three letter agencies and any police department that wants access too.

      We're also starting to see something similar but with facial recognition. Disabled location information on your phone? Fine, malls and hotels will run facial recognition on their surveillance cameras and sell that information to marketing companies who aggregate it with Facebook data to build a profile of where you've been, even if you don't carry a phone and always pay in cash.

  3. Look at exactly what they said and how. by Anonymous Coward · · Score: 5, Insightful

    That ONE system isn't being used. They didn't mention the ones that ARE. They don't credibly claim that they've turned off XKEYSCORE and the entire chain. It's a very limited statement designed to say exactly what it says.
     

    1. Re: Look at exactly what they said and how. by Narcocide · · Score: 3, Interesting

      (it is called Facebook)

    2. Re:Look at exactly what they said and how. by gl4ss · · Score: 2

      is the 3 letter agency in palo alto some new meme since everyone seems to work there these days.

      also who the f uses texts and calls anymore?

      why do you even have trolls, wouldn't they need to use the system first to track who you are?

      --
      world was created 5 seconds before this post as it is.
    3. Re:Look at exactly what they said and how. by Antique+Geekmeister · · Score: 2

      CARNIVORE is apparently also still alive, monitoring email throughout the USA's core internet backbone routers. It was merely renamed "DCS1000".

  4. No Need by mentil · · Score: 5, Insightful

    It's been superseded by a new, broader, more secretive, more intrusive, more brazenly unconstitutional program.

    --
    Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
    1. Re:No Need by msauve · · Score: 4, Insightful

      They're just following the Facebook playbook. "Tell them we'll stop, and maybe they'll believe it, forget about it, and leave us alone."

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
  5. Well, I for one totally believe the NSA by ph1ll · · Score: 5, Informative

    ... after James Clapper lied to Congress.

    Sorry, I mean "simply forgot" to mention it as his lawyer puts it. "Oh, you Congressmen were asking questions about that surveillance program? I thought you meant another one."

    It was so nice of Edward Snowden to remind him about it. And what thanks does he get?

    --
    --- "We've always been at war with Eastasia."
    1. Re:Well, I for one totally believe the NSA by Anonymous Coward · · Score: 2, Interesting

      I would like to follow up with John Brennan's comments to Congress, involving the CIA.
      He was asked if the CIA was spying on the Senate, he said no. They were (reasons for it were astonishingly bad)

      Michael Cohen, most evil person on the planet for lying to Congress saying March 2016 instead of June 2016 (that was the lie that got him 2 year jail sentence).
      Meanwhile, Brennan and Clapper were never charged for much worse lies.

      DC can't be fixed, NSA and CIA can't be trusted.

    2. Re:Well, I for one totally believe the NSA by bill_mcgonigle · · Score: 2

      Continuity of Government is the most important government program and the 'intelligence' agencies support that, not the Constitution.

      Clapper was Just Following Orders.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  6. Tells you a lot about the Republicans by MikeRT · · Score: 2

    In a raw assertion of executive power, President George W. Bush's administration started the program as part of its intense pursuit for Qaeda conspirators in the weeks after the 2001 terrorist attacks

    No congressional authorization and almost certainly unconstitutional if all of the facts were declassified, and not a peep except from Rand Paul. Trump uses a law they wrote to have the military use construction funds to build his wall? ROAAARRRR MUH CONZTITUSHUNZ!!!

    Until about 2016, a lot of us on the right didn't place too much stock in the MIC conspiracies, but I think the last 2.5 years have pretty much settled any dispute about whether or not we live in a welfare-warfare state.

  7. In other words by Opportunist · · Score: 3, Insightful

    They don't need it anymore. They got something better.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  8. That's called doing their job. Also see Cuban miss by raymorris · · Score: 2, Interesting

    > Why would Trump associates continue pursuing a back channel nine days before the inauguration?

    See for example the Cuban missile crisis. Which would have been the nuclear war, had it not been for back channels facilitating a peaceful resolution by letting leaders on each side know what the other one would accept and not accept via official communications.

    You copy-pasted a lot of stuff about "December 1" and "days before the inauguration". That's when Trump was the president-elect. When he was about to take control of the nuclear football (the big button). It would be extraordinarily reckless for him to NOT start opening lines of communication at that point. Like end-of-world reckless. A US president damn well better have a way to get a message to someone to who can whisper in Putin's ear, and vice-versa.

  9. Re:FBI and NSA used Hillary-paid fan fiction by kilfarsnar · · Score: 2, Informative

    You wouldn't like people who used fan fiction paid for by your political opponent as the basis for turning the entire US intelligence gathering powers against you either.

    Because that's what the fantasy-based ("uncorroborated" and "unconfirmed") Steele dossier is - Hillary-paid-for fan fiction.

    And the FBI used it as the basis of at least four FISA warrants, and deliberately used it to brief Trump so they could then leak it to the press.

    Much of the Steele Dossier has been proven true by subsequent investigation. None of it has been proven false, AFAIK.

    --
    "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
  10. Unused is not âoeshut downâ by kenh · · Score: 2

    "The agency has not used the system in months, and the Trump administration might not ask Congress to renew its legal authority, which is set to expire at the end of the year, according to the aide, Luke Murry, the House minority leader's national security adviser," reports The New York Times.

    Theyâ(TM)ve likely just found newer, less legally challenging ways to achieve the goals of the original program. They are doing something with their SLC data center...

    --
    Ken
  11. Re:FBI and NSA used Hillary-paid fan fiction by terrycarlino · · Score: 2, Insightful

    Really? lawfareblog? Glen Greenwald, not exactly a conservative, has called lawfareblog a tool "serving, venerating and justifying the acts of those in power", in this case the Democrats. It's highly regarded by left wing pundits.

    So basically the best you've got is a dossier put together by a British intelligence mercenary for opposition research paid for by the DNC.

    The truth is that none of the dossier has been proven true, despite the claims of many left wing media "news" services. Despite the point made that politically motivated "top intelligence officials" pushed it, when Comey was under oath he refused to state the dossier was confirmed. Because it wasn't. What we have here is a bunch of deep state actors who would love for it to be true so that their illegal actions to hamstring the duly elected president of the United States during the period before his inauguration and after could be justified. Former UK ambassador to Russia has stated the dossier is inconsistent with British Intelligence's information. Steele made it up. The DNC paid for it. Bad actors in the intelligence and justice bureaucracy used it to try to illegally overturn the election.

  12. Good question. Public vs private & other reaso by raymorris · · Score: 2

    That's a good question. There are several reasons, some of which are unique to international relations and some of which apply to any negotiation, and you can use yourself.

    In high-profile political relations, one thing very important to the leaders is to look like they won. In many cultures, they want to look "tough". They don't want the appearance of giving in. In fact, for their career it's often better to not make a deal at all than to look like they gave in. For their countries, making a deal is normally better. Looking tough is a low priority. There are things that are important talking points to the leader's political base, and there are things that actually matter. So there is a difference between what the leaders want to show on Twitter and what is actually good in the political relationship.

    It's not unusual for staff to exchange appearance, words, for concrete things. "He doesn't mind giving you most of what you want, if you give us these things, but he needs you to publicly be hesitant, act like he drove a hard bargain." So one leader gives up the political points of bragging, acting like he won, in exchange for getting what his country wants. Timing matters. "He has to stay tough for now because we're also negotiating with Iran. After the Iran negotiation is over, he can take a softer position".

      At work we're in negotiations with a supplier. The supplier starting out saying they want to raise the price they charge us by 400%. They think we are dependent on them. It wouldn't have hurt if one of our engineers bumped into one of their engineers at a conference and mentioned that we're testing open source replacements and there is no way our boss is going to agree to anything like 400%. Also an increase more than 35% requires a ton of paperwork on our side to get it approved. Our guy could quietly hint to them that our boss would probably do 35%, but 36% would be a much harder sell. That's kinda what happened, though not exactly.

    Managers get a certain budget approved for raises every year. They can then apportion those raises among their people. Before you ask for a raise, do you think it would be helpful to know if your manager has a big pool available this year, or a small pool? A back channel can tell you, so you start the direct negotiation with the manager from a workable starting point. I learned that this year my manager didn't get his usual bonus because thr company is trying to cut payroll expenses for a year. Do you think that's useful information if I'm thinking about asking him to get me a lot more money?

    I'd say more about that last point, but it's NEXT week that I have a meeting planned with my manager and someone at work reads Slashdot. Let's just say that my plans are affected by back channel info about what he can and can't agree to.