General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsFair is fair: I said "I want evidence the NSA is actually misusing data". We have that now.
Between the 2011 FISC decision, Wyden's comments on it, and the reporting by WaPo and WSJ on the Fairview, etc. activities directly with the telecoms, there is actually now evidence of actual misuse rather than just the potential for it.
Just wanted my acceptance of that on "the record", such as GD is.
EDIT: This same reporting, however, also suggests that FISC is not a fundamentally useless idea, since it called out and partially corrected these problems. A great idea, IMO, would be for the vast majority of the court's business to be unclassified.
RobertEarl
(13,685 posts)It is good to see some people coming around. It's as if they had their heads in the sand, or were just too conservative in their wisdom. The facts having been evident for quite some time, the rest of us have been laboring to educate and inform against all the vicious attacks and just plain hard-headedness. It has been a real pisser at times.
cherokeeprogressive
(24,853 posts)Narkos
(1,185 posts)Recursion
(56,582 posts)On the other hand, WSJ and WaPo did some independent reporting that verified the extent of the surveillance exceeds what is allowed by law, viz:
http://online.wsj.com/article/SB10001424127887324108204579022874091732470.html
http://www.bbc.co.uk/news/world-us-canada-23790912
Now, this same reporting also said the FISC ruling has led to some changes, so it is no longer as extensively in violation as it was, but Wyden (whom by default I would believe) says it is still not fully enforced. (I read that as "they fixed some but not all of the problem" .
As an aside, this also demonstrates the FISC system is not fundamentally broken, if it can identify and partially remediate problems like this. It just needs more teeth; declassifying the majority of its proceedings would probably be a good start.
Narkos
(1,185 posts)found a problem, reported it, and changed their behavior. Still see no evidence of abuse.
Recursion
(56,582 posts)WSJ's reporting shows that 75% of US citizens have had their communications tracked; whether that's abuse or just poor program design is to some extent beside the point.
And, yes, we're seeing checks and balances acting, if slowly. (And, as I've said before, I'm not convinced the leaks make this process work better, though since that's where we are now, there's little sense whining about it.)
Th1onein
(8,514 posts)I've got some swampland in Florida, real good price.
dkf
(37,305 posts)Th1onein
(8,514 posts)Do you still think that the majority of the information that Snowden leaked was not true?
You're only admitting to what the government has admitted to already. Not much of a change of mind or heart.
Recursion
(56,582 posts)Yes, obviously that's not true; it's contradicted by all the hard evidence that's come out since then.
Th1onein
(8,514 posts)Do you believe that they are accessing and storing almost all of our communications?
Recursion
(56,582 posts)WSJ has run that 75% of Americans have had some of their traffic analyzed, and since NSA (as far as we know) analyzes stored rather than live data, that means 75% of us have had some traffic stored. How much "some" is is an important question, and we don't know the answer to that.
Th1onein
(8,514 posts)Either that, or you don't believe it's happening, right?
Let me ask you this: Do you think that capturing and STORING 75% of Ameicans' data is okay? No matter what they do with it, in the end, after analyzing it. You think that's okay?
Recursion
(56,582 posts)If there were a law that simply said "the US Government will take every phone company's LUDs at the end of every month" that wouldn't set my hair on fire. Since there are statutes giving these data protections, they should be followed.
Th1onein
(8,514 posts)Recursion
(56,582 posts)How much of that is actually stored is not known, but it's prudent to act as if all 75% is. At any rate, my main complaint is along the lines of the FISC decision that they were looking at stored data they shouldn't have been. That's more worrisome to me than the storage itself.
Th1onein
(8,514 posts)They can take that data and target you in the future, should you become a thorn in their side.
I don't know about you, I don't want my data stored OR looked at. It's called spying.
joshcryer
(62,276 posts)I have done the math here: http://www.democraticunderground.com/?com=view_post&forum=1002&pid=3438829
Downtown Hound
(12,618 posts)There are over 144 billion emails sent every day. If what you say is correct (and that's a big "if" in my book, I personally think it's probably a lot higher) then that's 3,600,000 that are stored every day. Now, even taking a fraction of that as the actual number, that's still a gross invasion of privacy and an assault on the Constitution.
http://mashable.com/2012/11/27/email-stats-infographic/
joshcryer
(62,276 posts)My original statement is "monitored traffic."
However, in the thread where I did the math it was pretty clear that the data they were storing was of form posting in nature, like the text box you're typing in now (it's called a form). Or emails, or chats. So basically that 1.6% of all internet traffic is probably going to be focused on emails and chat data anyway.
Just did the math on all that data being stored. 160 petabytes per year would be 15% of all human storage ever in the history of human civilization, so they're probably not storing it all long term, but they're likely building serious profiles on a few million people on the internet. Every leftist, every activist, every critic of the government, they could store that trivially.
woo me with science
(32,139 posts)Also, isn't all that math based on the initial claims of monitoring 1.6 percent of internet traffic, which sounded horrifying enough once you considered what a tiny portion of "internet traffic" personal data really is....but *still* turned out to be a lie of mammoth proportions?
We are now told they monitor *75 percent* of internet traffic, which is jaw dropping, given that huge, huge portions of "internet traffic" consists merely of ads and bots and streaming of TV shows and music that they cannot remotely be interested in. Remember the links from my post: MORE THAN HALF of internet traffic is bots and ads and automated crap. HALF of North American internet traffic is Netflix alone. Personal information of interest to the NSA is a very tiny, tiny portion of "internet traffic."
Therefore, admitting that they are monitoring *75 percent of internet traffic* pretty much guarantees that they are monitoring essentially ALL of our personal information.
And storing ".025 percent of internet traffic" is going to sound like hardly any personal information at all to most people, when in actuality it probably means most of it.
Am I missing something here?
joshcryer
(62,276 posts)Since US traffic is around 15% of all internet traffic their original number was off by, what, over 2 orders of magnitude? (15% - 75% = 3.75% of all internet traffic, not the original contention of 1.6%.)
However, the new number seems to be conditioned on how much they "see" (75%) while the other number (1.6%) was how much they "touched."
It's definitely weasel wording to be sure, because I don't see how mathematically you can prove how much they "touch" of US internet traffic. They've admitted that they can see everything but they touch only a little and don't leave a way to determine how much of US data is touched. It's sorta clever.
woo me with science
(32,139 posts)is an exceptionally charitable word for it.
Oh, I see. Thanks - I keep messing up with the units and assuming the US is the entire world. I guess I've been well-trained to think that way.
Given the serial lies, crushing numbers they give us is probably a fool's errand, anyway. I don't believe a word they say.
JDPriestly
(57,936 posts)"the US Government will take every phone company's LUDs at the end of every month" that would set my hair on fire and probably some members of the Supreme Court's too.
The fact that the president and his staff could know the opinions of people would cause people to be very careful about the opinions they expressed. Even though the president would not be interested in what most people say or to whom they say it, people would never know when what they might say could get them into trouble.
That would interfere with our First Amendment rights. It is not the government's place to put itself into a position in which it can know what we think about things. It is not the government's place to put itself into a position in which it can know who our friends are or with whom we meet. It is not the government's place to put itself in a position in which it can know what religion we have.
Read the First Amendment.
Read this.
United Nations General Assembly
April 17, 2013
GE.13-13303
Human Rights Council
Twenty-third session
Agenda item 3
Promotion and protection of all human rights, civil, political, economic, social and cultural rights,
including the right to development Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue
http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session23/A.HRC.23.40_EN.pdf
Recursion
(56,582 posts)Communications logs (who called whom) are not subject to Constitutional protection. If Congress wanted to pass a statute that simply said "these records are not private and will be furnished to USG monthly", that would be allowable under Smith. However, Congress has passed laws protecting those data, and the NSA and FBI's activities have violated those laws.
JDPriestly
(57,936 posts)The internet has changed the meaning of a pen register in terms of the data that can be obtained just from reviewing and analyzing metadata and also in terms of the ability to read every text message, every e-mail and every writing, every opening of an e-mail, every Google search of a single individual or a group of individuals.
It would be fairly easy to determine which individuals, for example, support a particular cause or have formed a particular support or political or religious group just from the e-mails that they send and receive. You would not even have to read the e-mails. You could simply connect lists of names and the groups and topics they are interested in.
Guns would be an obvious one. Drugs another. But then there are gay and lesbian groups, civil rights groups, peace groups, etc.
But when you think of the information that can be obtained just from lists of names on the e-mail account of someone who handles a lot of matters for, say, political organizations or for organizations with political-sounding names or Alcoholics Anonymous or a group of psychologists or lawyers, then collecting metadata has a very different meaning than it did back in the 1970s when Smith v. Maryland was decided.
That law needs to be reviewed. It will take many tries to change it, in my opinion, but in this time, it is far more intrusive than it was then.
If you have an actual crime and collect the metadata of the suspects in that case, you will not be reviewing a lot of information like lists of members of political organizations, etc. And if you do run across such lists, you probably won't spend much time on them because they won't be relevant to the criminal investigation you are trying to wrap up. That is very different from the NSA surveillance which is ongoing and is capturing millions and millions of communications and searches if the reports are correct.
Recursion
(56,582 posts)The opinion doesn't mention the particular technology of pen registers. It says (accurately) that routing data is by its technical nature so non-private that it can't be afforded Constitutional protection, anymore than where you tell a cab driver to take you is private.
Th1onein
(8,514 posts)You're not ceding a thing, and you know it.
Recursion
(56,582 posts)The records they're looking at have statutory, but not Constitutional, protection. The agencies have violated those statutes. This needs to be fixed.
Th1onein
(8,514 posts)I'm sick of it. It's as if there is no Snowden in your world.
Go talk to someone who believes the bullshit. I don't.
LearningCurve
(488 posts)Intellectual honesty is appreciated, especially since it is rare.
Th1onein
(8,514 posts)Dragonfli
(10,622 posts)Hekate
(90,829 posts)Downtown Hound
(12,618 posts)Call this extremely old news to those of us that aren't so naive and childish as to possibily think that our government would set up this massive multi-billion dollar spy system and then totally behave itself.
Glad you got your evidence and have come around, but really. People have been writing books and doing pieces on the NSA for years about how its abusing its power, and its only gotten worse since 9-11. The evidence has been there for years. If it really took you this long, next time don't be such a sheep.
ProSense
(116,464 posts)That is consistent with what has been reported about the violations.
Wyden's statement addresses two issues.
Wednesday, August 21, 2013
Washington, D.C. U.S. Senator Ron Wyden (D-Ore.) issued the following statement regarding the declassification of a Foreign Intelligence Surveillance Court ruling stating that the NSAs collection procedures had violated the 4th Amendment to the Constitution and the spirit of the Foreign Intelligence Surveillance Act.
While the declassification of the FISA courts ruling on the constitutionality of Section 702 collection procedures is an important addition to the public discussion being held on government surveillance authorities, its declassification is long overdue. And while the NSA eventually made changes to its minimization procedures in response to this ruling, the very collection it describes was a serious violation of the 4th Amendment and demonstrates even more clearly the need to close the back-door searches loophole that allows for the communications of Americans to be searched without a warrant if they are swept up under procedures that were intended to target foreigners.
Moreover, the ruling states that the NSA has knowingly acquired tens of thousands of wholly domestic communications under section 702 of the Foreign Intelligence Surveillance Act, even though this law was specifically written to prohibit the warrantless acquisition of wholly domestic communications. The FISA Court has noted that this collection violates the spirit of the law, but the government has failed to address this concern in the two years since this ruling was issued. This ruling makes it clear that FISA Section 702, as written, is insufficient to adequately protect the civil liberties and privacy rights of law-abiding Americans and should be reformed.
In a 2011 response to Wyden, the ODNI agreed to declassify statements regarding FISC rulings that found that the 4th amendment and the spirit of the law had been violated.
http://www.wyden.senate.gov/news/press-releases/wyden-statement-on-declassification-of-fisa-court-ruling-on-4th-amendment-violations
The violations were flagged and corrected. Wyden is also making a point that the FISA law isn't adequate.
Alos, the collection found in violation were a small percentage of the overall collection: http://www.democraticunderground.com/10023506856
The opinion shows that there is oversight.
Recursion
(56,582 posts)I have now seen evidence of misuse, and evidence that the court made at least partial remediation of that misuse.
I also take Wyden's point that the loophole in FISA is big enough to drive a truck through, at times. Ultimately, this oversight system needs to be better and more transparent, as President Obama himself said.
ProSense
(116,464 posts)"I also take Wyden's point that the loophole in FISA is big enough to drive a truck through, at times. Ultimately, this oversight system needs to be better and more transparent, as President Obama himself said."
...there needs to be FISA reforms.
Still, what the release shows is the back-and-forth between the NSA and the FISA court in addressing compliance issues.
Judges were concerned about privacy intrusions on Americans stemming from the NSA's Internet data collection for foreign intelligence, documents show.
<...>
The footnote described one of the other violations, which involved a different NSA program: the bulk collection of telephone calling records in the U.S. The NSA has amassed a huge database of so-called metadata for most telephone calls made in the country. The data include which numbers called which other numbers, the dates and times of calls and their duration...The violation the judge referred to was discovered in 2009 and apparently involved the process under which NSA analysts search the database looking for suspicious numbers.
<...>
In a 2009 letter to Congress declassified several weeks ago, the Justice Department described "technical compliance problems" with the telephone data-collection program that the department said did not amount to "bad faith violations."
In the ruling released Wednesday, Bates said the standards had been "frequently and systemically violated."
The third violation, according to a statement by James R. Clapper, director of national intelligence, involved the bulk collection of U.S. Internet metadata. That data-collection program was discontinued in 2011. The portions of the court opinion describing that program were blacked out.
- more -
http://www.latimes.com/nation/la-na-nsa-fisa-20130822,0,5634625.story
There were clearly compliance issues. The description of them as technical issues likely relate to the attempts to bring the program into compliance.
The fact that the program was discontinued likely indicates the inability fix the problems and bring the program into full compliance.
Warren Stupidity
(48,181 posts)There is no point. Welcome to the other side.
uponit7771
(90,364 posts)joshcryer
(62,276 posts)At the end of the film it said "X people were murdered, Y people raped, Z people robbed the year following the end of the Pre Cog Program."
What I fear is that FISC is going to be "enough" for the American people and they will simply allow the program to continue. Just as the public accepts the data mining by massive corporations (Google, Yahoo!, FaceBook, etc).
Recursion
(56,582 posts)You may be more of an optimist about that than I am.
joshcryer
(62,276 posts)Look at the UK's surveillance state.
woo me with science
(32,139 posts)that will actually serve to entrench the spying and legitimize it, rather than what needs to happen, which is to END IT ALL.
limpyhobbler
(8,244 posts)The Amash vote in the House scared them I think. They can't understand why we don't want to be spied on, or collected on, whatever someone may call it.
They are going to be working overtime to make us comfortable with it, to confuse people, to spread false information, character assassinate opponents, and all that.
Response to Recursion (Original post)
Name removed Message auto-removed
ProSense
(116,464 posts)Other declassified documents illustrate key House and Senate lawmakers were informed when the NSA ran afoul of the law. For example, top officials at the NSA and the Office of the Director of National Intelligence submitted testimony to the House Intelligence Committee in 2011 that acknowledged government surveillance had lapped up domestic communications. The courts opinions and governments pleadings themselves also had been made available to the NSAs chief congressional overseers, the documents indicate.
http://www.politico.com/story/2013/08/lawmakers-privacy-groups-rattled-by-latest-nsa-reveal-95783.html
From the article posted here: http://www.democraticunderground.com/10023511809
woo me with science
(32,139 posts)It's absurd to insist on "proof" of abuse before denying government access to powers that are patently ripe for abuse.
The Founders knew this. That's why the Bill of Rights focuses on what the government may NOT do. History is exceedingly clear that offering opportunities for abuse of power inevitably, eventually, leads to abuses of power.
This situation is not analogous to a human defendant in court who deserves the presumption of innocence until proof of guilt is determined and corrective action may be taken. This is about creating governmental structures that wield power over millions of human lives. The presumption and the bias should always go toward limiting highly "abusable" powers from the start, and maintaining constant vigilance, transparency, and skepticism to ensure that abuses do not begin to grow.
kentuck
(111,110 posts)A voice of reason in the den of sickening nonsense.
woo me with science
(32,139 posts)to stay out of the dens of sickening nonsense.
randome
(34,845 posts)The evidence so far shows that the NSA itself decided it was collecting too much, reported it to the FISA court and found a way to correct the problem.
Where is the misuse?
[hr][font color="blue"][center]I'm always right. When I'm wrong I admit it.
So then I'm right about being wrong.[/center][/font][hr]
great white snark
(2,646 posts)Ding.
limpyhobbler
(8,244 posts)and then the DEA was falsifying investigations with the "parallel construction"
woo me with science
(32,139 posts)THANK YOU.
hootinholler
(26,449 posts)I see ProSense isn't convinced she has seen evidence as yet.
You on the other hand are willing to try and see and I thank you for that.
Personally, I think that there are many abuses of the NSA corpus by contractors that the NSA and the NSA's IG have no clue about. Their claims that it is all auditable are laughable at this point.
I hope someone is held in contempt of Congress over this.
Pholus
(4,062 posts)Read the open letter on slate today. That is who I thought the NSA was. Maybe they can be again now that we are talking about this. Stranger things have happened.
railsback
(1,881 posts)Making lemonade.