Ancient History: December 2012 in the Dragnet
PCLOB tells us that the FISA Court approved a new automated query system (versions appear to have been in development for years, and it replaced the automated alert system from 2009) in late 2012 that permitted all the 3-degree contact chains…
The Impasse on Executive Spying
In an important post the other day, Steve Vladeck described what he believed to be the most important lesson Edward Snowden has taught us.
They miss the single most important lesson we’ve learned — or should have learned — from Snowden,…
You Can't Spread Justice in an Insecure Country
Back in July, SIGAR noted that $50 million in US funds had been awarded in a sole source contract secured only by a short letter of agreement between the Department of State and the contractor, the International Development Law Organization,…
Are Even the Basaaly Moalin Claims Falling Apart Now?
I'll have a much longer post later on what PCLOB has to say about the efficacy of the dragnet, which is actually far more interesting than I've seen reported thus far. But I want to look in detail at the passage in which they treat Basaaly Moalin.
And…
If by "Big Data" You Mean "Big Campaign Donations"
President Obama has named the people who will help John Podesta accomplish this task.
I have also asked my Counselor, John Podesta, to lead a comprehensive review of big data and privacy. This group will consist of government officials who—along…
NSA, Destroying the Evidence
In my obsessions with the poor oversight over the phone dragnet techs, I have pointed to this description several times.
As of 16 February 2012, NSA determined that approximately 3,032 files containing call detail records potentially collected…
PCLOB Estimates 120 Million Phone Numbers in Corporate Store
PCLOB's report confirms something ACLU's Patrick Toomey and I have been harping on. One of the biggest risks of the phone dragnet stems not from the initial queries themselves, but from NSA's storage of query results in the "corporate store,"…
The Immediate Phone Dragnet Fixes Obama Rejected
In its report, PCLOB makes it clear that President Obama had most of its recommendations before he gave his speech last Friday.
PCLOB briefed senior White House staff on the Board’s tentative conclusions on December 5, 2013. The PCLOB provided…
PCLOB Report, Working Thread
The report is here. I will do a running update of my comments. Page references will be to the report page numbers, not PDF.
(4) Note PCLOB had access to "various inspector general reports."
(6) Note the dates when WH got these conclusions.
(9)…
PCLOB Adopts the Drip Drip Drip Approach Too
As Charlie Savage and Ellen Nakashima report, PCLOB will release a report on the phone dragnet today calling the program illegal. I'll report more on the report after it gets released this afternoon.
In the meantime, note that it appears…
PCLOB Told Mike Rogers They Would Discuss Legality of Dragnet
Mike Rogers is outraged! outraged! that PCLOB overstepped what he sees as their mandate to talk about the illegality of the phone dragnet.
Defenders of the program reacted sharply to the report’s findings on Thursday. Rep. Mike Rogers (R-Mich.),…
How NSA Spies on First Amendment Protected Speech: The EO 12333 Loophole
As important as the fact that NSA was illegally watch-listing 3,000 US Persons is what they did once they got caught doing so.
They kept watch-listing them.
As I noted, NSA's solution to the problem that it had put 3,000 US Persons on…
Project Minaret 2.0: Now, with 58% More Illegal Targeting!
For weeks, I have been trying to figure out why the NSA, in a training program it created in August 2009, likened one of its "present abuses" to Project Minaret. What "unauthorized targeting of suspected terrorists in the US" had they been…
What Michael Flynn's DIA Imputes to Facts We Know
Before I point to reasons why we should exercise some caution before we believe a DIA report claiming that Edward Snowden's entire leak was orchestrated by the Russians, let me lay out the following.
First. until such time as we see evidence…
Third Party Booz(e)
In Volokh Conspiracy's new digs at the WaPo, former DHS Assistant Secretary Stewart Baker pushes back on Georgetown Professor Randy Barnett's call to end the Third Party doctrine in truly remarkable terms.
Randy’s solution to that problem…
Does the Military Have a New Goal of Hanging Afghanistan Failure on Obama?
On Monday, I could only reply with the Twitter equivalent of uncontrolled laughter when Robert Caruso tweeted a quote from Stanley McChrystal, who was appearing on Morning Joe to hype the paperback release of his book. Responding to a question…
Apparently, US Officials Can't Get Verizon on the Line
The WaPo has a story quoting anonymous US officials warning that it will be impossible to meet President Obama's direction to find a solution for the phone dragnet by March 28. (Note, this is a circumstance where WaPo really ought to provide…
FISA Warranted Targets and the Phone Dragnet
The identifiers (such as phone numbers) of people or facilities for which a FISA judge has approved a warrant can be used as identifiers in the phone dragnet without further review by NSA.
From a legal standpoint, this makes a lot of sense.…
Scorecard: Snowden-Related Publication of Verizon's Name -- 1. ODNI Publication of Verizon's Name -- 1.
Would you lookee here?
Sometime between the time I published this post -- showing ODNI did not redact anything in this passage of the January 20, 2011 phone dragnet primary order ...
... And this afternoon, ODNI swapped out…
9th Circuit Extends Equal Protection (and Batson) to Sexual Identity
In yet another win for equality, and equal protection, on issues involving sexual orientation and identity, the Ninth Circuit has issued an important opinion holding Batson v. Kentucky protections apply to sexual orientation issues in jury selection.
The…