- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
NSA will be allowed to keep illegally acquired data
Posted on 9/21/17 at 4:36 pm
Posted on 9/21/17 at 4:36 pm
This is long but I recommend reading it all, as Marcy is one of the best writers at really getting into the nitty-gritty of the FISC decisions and is often knowledgeable enough to infer the redactions. LINK
quote:This is also why I won't shed a tear if Trump ends up getting nailed because of SIGINT. His people are expanding that power rather than curtailing it. Whining about the IC on Twitter is therefore just a cheap bit of theater for his diehards.
Not long after the announcement, the government released documents explaining why it had dropped this kind of collection, which it calls "about" collection. Those documents amounted to a confession that the NSA failed to follow rules the Foreign Intelligence Surveillance Court put in place in 2011 to ensure upstream collection complied with the Fourth Amendment.
There was a stink, at the time, accusing the Obama Administration of using Section 702 of FISA—which only permits the government to target foreigners—of using it to spy on Americans for five years. Those accusations were, technically, true (the NSA attributed such spying to technical failures, not legal ones). But the truth is far more troubling. In fact, from 2004 to 2016, the NSA was always engaging in collection the FISC would go on to deem unauthorized. For 12 years, under both the Bush and Obama Administrations, the NSA was collecting information that, if retained, would break the law.
But under the current presiding judge, overseeing the plans of the Trump Administration, NSA will be allowed to keep such data, a change from her three predecessors.
In adopting the solution to the "about" problem pitched by the Trump Administration, FISC presiding judge Rosemary Collyer, the latest judge to deal with such violations, did less than her predecessors to ensure that such violations don't cause ongoing privacy violations. Not only did she stop short of ensuring that FISA remains the "exclusive means" to conduct surveillance, she allowed the government to keep data it got by breaking the rules.
...
For one tool used to do back door searches on Americans targeted by individual FISA warrants who were located overseas, 85% of queries were not compliant, often because they targeted those people for periods when spying wasn't authorized by a FISA warrant, as the FISA Amendments Act requires they be. In addition, over the course of six months of review, the NSA couldn't even find all the places it had stored upstream content that might have been improperly switched.
So at the end of that six month period (this brings us to April 2017), Collyer approved a proposal offered by Trump's appointees she claimed was a fix. Rather than prohibiting back door searches of content known to include entirely domestic communications, the NSA would just stop doing the most problematic kind of upstream collection, the "about" collection that can result in bundled communications including entirely unrelated communications. With that change, Collyer for the first time approved back door searches on upstream collection, without even consulting an amicus, which was arguably required by the USA Freedom Act, a 2015 law that required the court to explain why it didn't use an amicus when considering significant issues.
But that fix clearly doesn't solve the problem of NSA accessing domestic communications with its newly expanded back door searches. "It will still be possible," Collyer admitted, "for the NSA to acquire [a bundled communication] that contains a domestic communication." (It's not clear, at all, from Collyer's opinion whether she understands that single communications may also be entirely domestic.)
This post was edited on 9/21/17 at 4:38 pm
Posted on 9/21/17 at 4:39 pm to Iosh
Let me guess its Trump fault? Who wastes time reading that
Posted on 9/21/17 at 4:40 pm to Iosh
Oh horse shite
You want trump to get nailed on some puddly bullshite anyway
You want trump to get nailed on some puddly bullshite anyway
Posted on 9/21/17 at 4:40 pm to SDVTiger
quote:He's the fricking President, so yes.
Let me guess its Trump fault?
Posted on 9/21/17 at 4:41 pm to Iosh
Meet new boss, same as old boss but with memes.
Posted on 9/21/17 at 4:42 pm to Iosh
It is literally impossible for the president to illegally disclose information to other countries and extend the information legally accessed in past years.
This post was edited on 9/21/17 at 4:47 pm
Posted on 9/21/17 at 4:42 pm to Tiguar
quote:Trump is taking it to the establishment on Twitter and nowhere else
Meet new boss, same as old boss but with memes.
Posted on 9/21/17 at 4:42 pm to Iosh
I couldnt imagine waking up everyday having trump derangement syndrome like you and others in this thread do
Posted on 9/21/17 at 4:45 pm to SDVTiger
Could you imagine reading the article and comprehending the implications moreso than a simple "durrr, muh President" Poli Board response?
Posted on 9/21/17 at 4:46 pm to boosiebadazz
quote:Whoa whoa whoa buddy you're asking way to much to throw in an "and"
Could you imagine reading the article and
Posted on 9/21/17 at 4:48 pm to Iosh
And Americans will sit idly by and feed their faces with fast food and reality tv and ignore the fact that their Republic and Constitution no longer exist.
Posted on 9/21/17 at 4:52 pm to Iosh
Who cares? Nothing you do electronically is ever going to be private. It's time to just accept it at this point. NSA is always going to push for looser regulations and the Congress is always going to go along with them.
Posted on 9/21/17 at 4:52 pm to Iosh
Even if the court ordered them to delete illegally-acquired information, I highly doubt the NSA would comply. It's not like laws or court orders have stopped them before.
Posted on 9/21/17 at 4:56 pm to AUstar
quote:Man with Devin Nunes avatar suddenly embraces privacy nihilism, tonight at 10
Who cares?
Popular
Back to top
Follow TigerDroppings for LSU Football News