NSA Chief Denies Claims of Domestic Spying 149
AstroPhilosopher writes "Recently Wired, USA Today and other news outlets reported on a new spy center being built to store intercepted communications (even American citizens'). Tuesday, Gen. Keith Alexander testified in front of Congress refuting the articles. Alexander even went so far as to claim the NSA lacks the authority to monitor American citizens. It's an authority that was given to the NSA through the FISA Amendments Act signed into law by Bush and still supported today by Obama."
The NSA is so secret (Score:5, Informative)
If you work there, you need to keep even well known facts a secret.
Interview in DemocracyNow (Score:2, Informative)
Executive Order 12333 (Score:5, Informative)
Read the order that grants NSA their current authority here.
Executive Order 12333:
http://www.fas.org/irp/offdocs/eo12333.htm [fas.org]
(If you go to a public-facing NSA briefing, this is the one they will cite.)
Easy (Score:5, Informative)
1. An intelligence service cannot be effective if its sources, methods, capabilities, and techniques are known to the adversary. Intelligence processes must be kept secret, even in an open society. This has been true for the history of our nation.
2. Inasmuch as "monitoring rooms" are alleged — because their existence, capabilities, and numbers are NOT KNOWN beyond the assertions of a whistleblower with an admitted anti-war agenda — NSA is authorized to monitor foreign communications WITHIN THE US, and must be able to identify, discern, and target such communications within the sea of digital communications.
3. See 1.
4. How is what you assume NSA to be doing "vital to the interest of a dying empire"? Do you think the world would be a better place without the US, the West, and the ability to project and protect principles of freedom and liberal democracy, even if imperfectly? Would China, Russia, or a chaotic mix of Mideast states and transnational radials really be a better global steward?
I find the inaccuracy of the summary particularly amusing:
"Alexander even went so far as to claim the NSA lacks the authority to monitor American citizens. It's an authority that was given to the NSA through the FISA Amendments Act signed into law by Bush and still supported today by Obama."
NSA lacks the authority to monitor American citizens without an individualized warrant. And the FISA Amendments Act of 2008 actually is more strict with respect to US Persons than previous law: a warrant is required to monitor the communications of a US Person anywhere on the globe. But what the FISA Amendments Act of 2008 also does is allow NSA to target and monitor FOREIGN communications within the US, without a warrant.
I know some people might be stunned to learn this, but the primary mission of the foreign intelligence agencies is FOREIGN intelligence. But what about "warrantless wiretapping", you ask?
In the immediate wake of 9/11, the administration claimed the the Authorization for the Use of Military Force (AUMF) allowed them to target American citizens identified as having contact with the enemy and/or were active combatants. The current Attorney General also argues that the President has this intrinsic authority under Article II of the Constitution. This was the same justification used in the targeting of Anwar al-Awlaki.
Other examples are things like journalists embedded with military units having the communications allegedly monitored, which would happen under the guise of the Joint COMSEC Monitoring Activity. And then we have the court cases — all of which involved people or groups who were thought to be linked to terror groups, not just ordinary, everyday citizens.
Even the most egregious examples of "warrantless wiretapping" (as alleged in the leaks to the press, or documented in various court proceedings) in the wake of 9/11 targeted very specific people — and were justified by the Justice Department, secretly reported to Congress, and reauthorized every 45 days. And that program had long ended by the time the FISA Amendments Act of 2008 fixed the dismal state of foreign intelligence collection.
This excerpt (An 'Intel Gap': What We're Missing, Newsweek, Aug 6, 2007) sums up the issue:
Re:Loophole (Score:5, Informative)
Those who care about issues, such as Glenn Greenwald [salon.com], and the American Civil Liberties Union [aclu.org], rather than partisan hackery do in fact give a shit, and have given Obama a hard time about this, and some have gone so far as to suggest supporting Ron Paul precisely because of his position on these issues.