Friday, August 16, 2013

Today's Washington Post Expose on Obama's Security State - Amerika 2013


Via the Washington Post...



The NSA has broken privacy rules...

* "RULES...???" (NOT LAWS...?)

...or overstepped its legal authority...

* BROKEN LAWS...?

...thousands of times each year since Congress granted the agency broad new powers in 2008, according to an internal audit and other top-secret documents.

* IN 2008 BOTH HOUSES OF CONGRESS WERE CONTROLLED BY THE DEMOCRATS. NANCY PELOSI WAS SPEAKER OF THE HOUSE. HARRY REID WAS SENATE MAJORITY LEADER. (STILL IS!)

Most of the infractions...

* "INFRACTIONS..."

...involve unauthorized surveillance of Americans or foreign intelligence targets in the United States, both of which are restricted by statute and executive order.

* SO... BREAKING THE LAW...???

They range from significant violations of law...

* THE INFRACTIONS...???

(*SNORT*)

...to typographical errors that resulted in unintended interception of U.S. e-mails and telephone calls.

Lawmakers on Friday were quick to express their dismay over the latest surveillance revelations.

(*CLAP...CLAP...CLAP*)

* THEIR "DISMAY." GREAT! SUPER! WONDERFUL! (DON'T YOU ALL FEEL BETTER NOW? CONGRESS TO THE RESCUE!)

(*SNORT*)

The documents, provided earlier this summer to The Washington Post by former NSA contractor Edward Snowden, include a level of detail and analysis that is not routinely shared with Congress or the special court that oversees surveillance.

* ...BY EDWARD SNOWDEN...

(*PURSED LIPS*)

In one of the documents, agency personnel are instructed to remove details and substitute more generic language in reports to the Justice Department and the Office of the Director of National Intelligence.

* INSTRUCTED BY WHOM? ILLEGALLY INSTRUCTED...???

In one instance, the NSA decided that it need not report the unintended surveillance of Americans.

* OH... THEY "DECIDED," DID THEY?

A notable example in 2008 was the interception of a “large number” of calls placed from Washington when a programming error confused the U.S. area code 202 for 20, the international dialing code for Egypt, according to a “quality assurance” review that was not distributed to the NSA’s oversight staff.

* OOPS...

In another case, the Foreign Intelligence Surveillance Court, which has authority over some NSA operations, did not learn about a new collection method until it had been in operation for many months. The court ruled it unconstitutional.

* AND, AGAIN... WHO EXACTLY WAS RESPONSIBLE FOR NOT INFORMING THE COURT... WAS HE, SHE (OR WERE THEY) DISCIPLINED... OR PERHAPS PROMOTED?

The Obama administration has provided almost no public information about the NSA’s compliance record.

* YOU MEAN "THE MOST TRANSPARENT ADMINISTRATION IN HISTORY?"

In June, after promising to explain the NSA’s record in “as transparent a way as we possibly can,” Deputy Attorney General James Cole described extensive safeguards and oversight that keep the agency in check. “Every now and then, there may be a mistake,” Cole said in congressional testimony.

* AND DID HE COP TO THESE "MISTAKES?" (OR ON THE OTHER EXTREME, DID HE, LIKE CLAPPER AND HILLARY CLINTON, LIE UNDER OATH?)

The NSA audit obtained by The Post, dated May 2012, counted 2,776 incidents in the preceding 12 months of unauthorized collection, storage, access to or distribution of legally protected communications. Most were unintended.

* ASSUMING TOTAL TRUST IN THOSE TELLING YOU THEY WERE UNINTENTIONAL... RIGHT?

(*SHRUG*)

Many involved failures of due diligence or violations of standard operating procedure. The most serious incidents included a violation of a court order and unauthorized use of data about more than 3,000 Americans and green-card holders.

* HAS ANYONE GONE TO JAIL OVER THIS VIOLATION OF A COURT ORDER? IF NOT... WHY NOT...???

“We’re a human-run agency operating in a complex environment with a number of different regulatory regimes, so at times we find ourselves on the wrong side of the line,” a senior NSA official said in an interview, speaking with White House permission on the condition of anonymity.

* VIOLATING COURT ORDERS...??? LYING TO CONGRESS...???

“You can look at it as a percentage of our total activity that occurs each day,” he said. “You look at a number in absolute terms that looks big, and when you look at it in relative terms, it looks a little different.”

* MISTAKES ARE MISTAKES... BUT DELIBERATE ACTIONS ARE DELIBERATE ACTIONS.

There is no reliable way to calculate from the number of recorded compliance issues how many Americans have had their communications improperly collected, stored or distributed by the NSA.

(*CLAP...CLAP...CLAP*)

The causes and severity of NSA infractions vary widely. One in 10 incidents is attributed to a typographical error in which an analyst enters an incorrect query and retrieves data about U.S phone calls or e-mails.

* ONE... IN... TEN... (THAT'S A MERE 10% - LEAVING 90% TO "EXPLAIN.")

But the more serious lapses include unauthorized access to intercepted communications, the distribution of protected content and the use of automated systems without built-in safeguards to prevent unlawful surveillance.

* "LAPSES," HUH?

The May 2012 audit, intended for the agency’s top leaders, counts only incidents at the NSA’s Fort Meade headquarters and other facilities in the Washington area.

* OH... GREAT!

(*JUST SHAKING MY HEAD*)

Three government officials, speaking on the condition of anonymity to discuss classified matters, said the number would be substantially higher if it included other NSA operating units and regional collection centers.

* YEAH... THANKS FOR "CLEARING THAT UP FOR US."

(*SNORTING WHILE SHAKING MY HEAD*)

Senate Intelligence Committee Chairman Dianne Feinstein (D-Calif.), who did not receive a copy of the 2012 audit until The Post asked her staff about it, said in a statement late Thursday that the committee “can and should do more to independently verify that NSA’s operations are appropriate, and its reports of compliance incidents are accurate.”

* SO... EITHER SHE'S LYING OR ELSE SHE'S SO INCOMPETENT THAT SHE EITHER DIDN'T KNOW OR DIDN'T CARE THAT THE AUDIT HAD BEEN DONE!

Despite the quadrupling of the NSA’s oversight staff after a series of significant violations in 2009, the rate of infractions increased throughout 2011 and early 2012. An NSA spokesman declined to disclose whether the trend has continued since last year.

One major problem is largely unpreventable, the audit says, because current operations rely on technology that cannot quickly determine whether a foreign mobile phone has entered the United States.

* REALLY...??? (I'D LIKE TO KNOW MORE ABOUT THIS SUPPOSED TECHNOLOGICAL BLIND-SPOT.)

In what appears to be one of the most serious violations, the NSA diverted large volumes of international data passing through fiber-optic cables in the United States into a repository where the material could be stored temporarily for processing and selection. The operation to obtain what the agency called “multiple communications transactions” collected and commingled U.S. and foreign e-mails, according to an article in SSO News, a top-secret internal newsletter of the NSA’s Special Source Operations unit.

NSA lawyers told the court that the agency could not practicably filter out the communications of Americans.

* UH-HUH... (AGAIN... I'D LIKE TO KNOW MORE ABOUT THE TECHNOLOGICAL BLIND-SPOTS.)

In October 2011, months after the program got underway, the Foreign Intelligence Surveillance Court ruled that the collection effort was unconstitutional. The court said that the methods used were “deficient on statutory and constitutional grounds,” according to a top-secret summary of the opinion, and it ordered the NSA to comply with standard privacy protections or stop the program.

* AND THIS IS THE COURT ORDER THE OBAMA ADMINISTRATION IGNORED... DELIBERATELY VIOLATED...?

James R. Clapper Jr., the director of national intelligence, has acknowledged that the court found the NSA in breach of the Fourth Amendment, which prohibits unreasonable searches and seizures, but the Obama administration has fought a Freedom of Information lawsuit that seeks the opinion.

* GEEZUS...

Generally, the NSA reveals nothing in public about its errors and infractions. The unclassified versions of the administration’s semi-annual reports to Congress feature blacked-out pages under the headline “Statistical Data Relating to Compliance Incidents.” Members of Congress may read the unredacted documents, but only in a special secure room, and they are not allowed to take notes. Fewer than 10% of lawmakers employ a staff member who has the security clearance to read the reports and provide advice about their meaning and significance.

* AND WHAT PERCENTAGE OF HOUSE MEMBERS... AND WHAT PERCENTAGE OF SENATORS... PERSONALLY EXAMINE THESE SEMI-ANNUAL REPORTS?

“What you really want to know, I would think, is how many innocent U.S. person communications are, one, collected at all, and two, subject to scrutiny,” said Julian Sanchez, a research scholar and close student of the NSA at the Cato Institute.

The documents provided by Snowden offer only glimpses of those questions. Some reports make clear that an unauthorized search produced no records. But a single “incident” in February 2012 involved the unlawful retention of 3,032 files that the surveillance court had ordered the NSA to destroy, according to the May 2012 audit. Each file contained an undisclosed number of telephone call records.

* AND HAVE THE FILES BEEN DESTROYED OR HAS THIS COURT ORDER TOO BEEN IGNORED BY THE OBAMA ADMINISTRATION?

In dozens of cases, NSA personnel made careless use of the agency’s extraordinary powers, according to individual auditing reports. One team of analysts in Hawaii, for example, asked a system called DISHFIRE to find any communications that mentioned both the Swedish manufacturer Ericsson and “radio” or “radar” — a query that could just as easily have collected on people in the United States as on their Pakistani military target.

The NSA uses the term “incidental” when it sweeps up the records of an American while targeting a foreigner or a U.S. person who is believed to be involved in terrorism. Official guidelines for NSA personnel say that kind of incident, pervasive under current practices, “does not constitute a . . . violation” and “does not have to be reported” to the NSA inspector general for inclusion in quarterly reports to Congress. Once added to its databases, absent other restrictions, the communications of Americans may be searched freely.

* MAKE YOU FEEL SECURE, FOLKS?

In one required tutorial, NSA collectors and analysts are taught to fill out oversight forms without giving “extraneous information” to “our FAA overseers.” (FAA is a reference to the FISA Amendments Act of 2008, which granted broad new authorities to the NSA in exchange for regular audits from the Justice Department and the Office of the Director of National Intelligence and periodic reports to Congress and the surveillance court.)

* NICE...

(*JUST SHAKING MY HEAD*)

Using real-world examples, the “Target Analyst Rationale Instructions” explain how NSA employees should strip out details and substitute generic descriptions of the evidence and analysis behind their targeting choices.

“I realize you can read those words a certain way,” said the high-ranking NSA official who spoke with White House authority, but the instructions were not intended to withhold information from auditors. “Think of a book of individual recipes,” he said. Each target “has a short, concise description,” but that is “not a substitute for the full recipe that follows, which our overseers also have access to.”

* NO... "INTENDED TO WITHHOLD INFORMATION FROM AUDITORS...?" NOT WHILE "THE MOST TRANSPARENT ADMINISTRATION IN HISTORY" IS IN OFFICE!

(*GUFFAW*)

In a statement in response to questions for this article, the NSA said it attempts to identify problems “at the earliest possible moment, implement mitigation measures wherever possible, and drive the numbers down.” The government was made aware of The Post’s intention to publish the documents that accompany this article online.

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