Friday, June 21, 2013

Top secret rules allow NSA to 'spy on Americans -- keep accidentally collected data for five years -- w/o warrant.

“The secret U.S. court operating under the Foreign Intelligence Surveillance ACT (FISA) has given the National Security Agency a green light to use data collected 'inadvertently' from Americans while spying on foreign targets, it was revealed today.
Among the leaked classified documents published by the UK newspaper The Guardian Thursday were two court submissions signed by Attorney General Eric Holder and dated July 29, 2009, which detail the procedures the NSA must follow to target 'non-U.S. persons.'
Holder’s court submissions also outlined steps the agency is required to follow in an effort to minimize the data accidentally collected on U.S. citizens. 
According to the leaked reports, data gathered on Americans without a warrant under the foreign intelligence authority must be destroyed. The documents also outline how analysts must take 'extensive steps' to try to check targets are outside the U.S.
The Fisa court documents state that U.S. call records can be used to help remove Americans from data collection.
But despite the steps that NSA analysts are required to take in order to avoid spying on Americans, the Fisa court allows the agency to keep potentially domestic data for up to five years, and use 'inadvertently acquired domestic communications that contain usable intelligence….’”
Translation:  The NSA can retain data of Americans if the information is ordained “valuable and actionable.”
How does one reckon that the information before the NSA is “valuable and actionable” and, therefore, worth holding on to and/or further infringement upon the liberties of the individual being spied on? 
Sole discretion is in the hands of the analyst, his or herself.
Final analysis:  This is government overreach and an infringement upon the liberties of all Americans. 

Document one: procedures used by NSA to target non-US persons

“We now know that every day, U.S. phone companies quietly send the government a list of who called whom and when — ‘telephony metadata’ — for every call made on their networks, because of a secret order by the Foreign Intelligence Surveillance Court. It turns out that this has been going on for seven years (and was even reported by USA Today then); the difference now is that the government — uncharacteristically for such a secret intelligence operation — quickly acknowledged the authenticity of the leaked order and the existence of the metadata collection program.
Should we be worried? At least ‘nobody is listening to our telephone calls’ (so the president himself assured us). People breathed a sigh of relief since first learning of the surveillance because surely there’s nothing to worry about when it comes to such seemingly innocuous information — it’s just metadata, after all. Phew!
Unfortunately, metadata still leaves a lot to be concerned about. There’s more to privacy than just the sounds of our voices: Content may be what we say, but metadata is about what we actually do….”

Secondly, Obama lied.  The NSA is listening to our phone calls and reading our emails.

All posts cross-posted on PUMABydesign001's Blog