Rather Than Ending NSA’s Key Surveillance Tool, White House To Now Let Other -

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Offline windyacres

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Rather Than Ending NSA’s Key Surveillance Tool, White House
 To Now Let Other Agencies Use It 

It appears that President Obama is going to expand the power of Executive Order 12333 in dangerous ways


Mike Masnick
Tech Dirt
February 26, 2016


Late last night, the NY Times broke a very troubling story. Rather than finally putting an end to Executive Order 12333, it appears that President Obama is going to expand the power of it in dangerous ways. We’ve written about EO 12333 a bunch of times, but for those of you unfamiliar with it, it’s an executive order signed by President Reagan that basically gave the NSA pretty free rein to collect signals intelligence outside of the US.

 Because it’s not (technically) about domestic surveillance, what the NSA does under EO 12333 is not subject to Congressional oversight. That is, Congress is mostly as much in the dark as everyone else is on what the NSA is doing overseas. And, as former State Department official John Napier Tye revealed a couple of years ago, for all the talk of domestic surveillance programs revealed by Ed Snowden, the NSA’s real power comes almost entirely from 12333.

And it has no limitations. Napier noted that the other programs — things like Section 215 (now morphed into whatever the USA FREEDOM Act allows) and Section 702 — were merely used to “fill in the gaps” not covered by 12333.

And it almost certainly involves both foreign and domestic intelligence. Basically, if any of your data goes outside of US boundaries, the NSA is free to capture it under 12333. Remember those stories of the NSA hacking into datacenters of companies like Google, Yahoo and Microsoft? Those datacenters were in Singapore. And the reason the target was Singapore rather than the US, was because of 12333.

Meanwhile, the NSA likes to insist that it respects the privacy of Americans thanks to its vast minimization program that is supposed to dump inappropriate data on Americans, or in stripping out private information when sharing data with other agencies.

But apparently that’s going away. Instead, the White House has plans to let the NSA share data collected under 12333 with other government agencies without any minimization. Basically, whatever the NSA collects overseas might now be freely available to the FBI or Homeland Security or the IRS or the DEA. Doesn’t that seem at least somewhat problematic? From the NY Times:

    The Obama administration is on the verge of permitting the National Security Agency to share more of the private communications it intercepts with other American intelligence agencies without first applying any privacy protections to them, according to officials familiar with the deliberations.

    The change would relax longstanding restrictions on access to the contents of the phone calls and email the security agency vacuums up around the world, including bulk collection of satellite transmissions, communications between foreigners as they cross network switches in the United States, and messages acquired overseas or provided by allies.

    The idea is to let more experts across American intelligence gain direct access to unprocessed information, increasing the chances that they will recognize any possible nuggets of value. That also means more officials will be looking at private messages — not only foreigners’ phone calls and emails that have not yet had irrelevant personal information screened out, but also communications to, from, or about Americans that the N.S.A.’s foreign intelligence programs swept in incidentally.

This is crazy. For all the talk of the NSA having access to all of this information, and even a fair number of reports of NSA staff “abuse” of their access to data, in general, the NSA certainly has a reputation for being serious about not allowing any abuse of the data. Other agencies? Not so much. The FBI, CIA, DEA and ATF, for example, have long and colorful histories of abusing data to harass and intimidate people. Giving them much wider access to whatever the NSA slurps up overseas, and then trusting those agencies to handle “minimization” (as is the apparent plan) is downright frightening.

And despite this massive change, the public won’t get to weigh in. Instead:

    Intelligence officials began working in 2009 on how the technical system and rules would work, Mr. Litt said, eventually consulting the Defense and Justice Departments. This month, the administration briefed the Privacy and Civil Liberties Oversight Board, an independent five-member watchdog panel, seeking input. Before they go into effect, they must be approved by James R. Clapper, the intelligence director; Loretta E. Lynch, the attorney general; and Ashton B. Carter, the defense secretary.

Oh sure. They just need approval from the folks who will benefit most from all of this, and no real discussion with the public who will be impacted by it. What a surprise…

http://www.infowars.com/rather-than-ending-nsas-key-surveillance-tool-white-house-to-now-let-other-agencies-use-it/


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Offline windyacres

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  Obama To Expand Surveillance State Powers By Signing A 21 Page Memo 


WASHINGTON — The Obama administration is on the verge of permitting the National Security Agency to share more of the private communications it intercepts with other American intelligence agencies without first applying any privacy protections to them, according to officials familiar with the deliberations.

The change would relax longstanding restrictions on access to the contents of the phone calls and email the security agency vacuums up around the world, including bulk collection of satellite transmissions, communications between foreigners as they cross network switches in the United States, and messages acquired overseas or provided by allies.

The idea is to let more experts across American intelligence gain direct access to unprocessed information, increasing the chances that they will recognize any possible nuggets of value. That also means more officials will be looking at private messages — not only foreigners’ phone calls and emails that have not yet had irrelevant personal information screened out, but also communications to, from, or about Americans that the N.S.A.’s foreign intelligence programs swept in incidentally.

Robert S. Litt, the general counsel in the office of the Director of National Intelligence, said that the administration had developed and was fine-tuning what is now a 21-page draft set of procedures to permit the sharing.

Until now, National Security Agency analysts have filtered the surveillance information for the rest of the government. They search and evaluate the information and pass only the portions of phone calls or email that they decide is pertinent on to colleagues at the Central Intelligence Agency, the Federal Bureau of Investigation and other agencies. And before doing so, the N.S.A. takes steps to mask the names and any irrelevant information about innocent Americans.

The new system would permit analysts at other intelligence agencies to obtain direct access to raw information from the N.S.A.’s surveillance to evaluate for themselves. If they pull out phone calls or email to use for their own agency’s work, they would apply the privacy protections masking innocent Americans’ information — a process known as “minimization” — at that stage, Mr. Litt said.

Executive branch officials have been developing the new framework and system for years. President George W. Bush set the change in motion through a little-noticed line in a 2008 executive order, and the Obama administration has been quietly developing a framework for how to carry it out since taking office in 2009.

Of course. After all, Obama’s entire Presidency has merely been George W. Bush’s third and fourth terms.

The executive branch can change its own rules without going to Congress or a judge for permission because the data comes from surveillance methods that lawmakers did not include in the main law that governs national security wiretapping, the Foreign Intelligence Surveillance Act, or FISA.

FISA covers a narrow band of surveillance: the collection of domestic or international communications from a wire on American soil, leaving most of what the N.S.A. does uncovered. In the absence of statutory regulation, the agency’s other surveillance programs are governed by rules the White House sets under a Reagan-era directive called Executive Order 12333.

Mr. Litt declined to make available a copy of the current draft of the proposed procedures.

“Once these procedures are final and approved, they will be made public to the extent consistent with national security,” Mr. Hale said. “It would be premature to draw conclusions about what the procedures will provide or authorize until they are finalized.”

http://www.zerohedge.com/news/2016-02-27/obama-expand-surveillance-state-powers-signing-21-page-memo

 
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