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Electronic Frontier Foundation Privacy

Trove of NSA Documents and FISC Opinions Declassified Thanks to EFF Lawsuit 110

An anonymous reader writes "Thanks to an EFF lawsuit, the office of the Director of National Intelligence is releasing declassified redacted versions of various documents relating to the NSA's domestic surveillance activities. The documents are being released on the anniversary of the 9/11 attacks." The EFF is hosting the documents, which are searchable. A few initial findings were posted yesterday evening; they include (thanks to another anonymous reader) the NSA illegally using phone data for three years, and evidence that Clapper knowingly mislead the public about metadata collection.
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Trove of NSA Documents and FISC Opinions Declassified Thanks to EFF Lawsuit

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  • by gstoddart ( 321705 ) on Wednesday September 11, 2013 @12:10PM (#44820049) Homepage

    the NSA illegally using phone data for three years, and evidence that Clapper knowingly mislead the public about metadata collection.

    Should we expect criminal charges, or will we find out that since he lied to protect the politicians they'll go soft on this do nothing?

    Because he's either committed a criminal act, or he's just a stooge covering up for someone else.

  • Oh look (Score:5, Interesting)

    by Anonymous Coward on Wednesday September 11, 2013 @12:19PM (#44820145)

    NSA shares raw intelligence including Americans' data with Israel
    http://www.theguardian.com/world/2013/sep/11/nsa-americans-personal-data-israel-documents

  • by smooth wombat ( 796938 ) on Wednesday September 11, 2013 @12:22PM (#44820189) Journal

    I'm not sure how they, or anyone, can claim they weren't, and aren't now, siphoning every phone call and email yet are somehow able to target specific individuals or look for keywords.

    If you're looking for keywords, then obviously you have to search everything. If you're looking for a specific word in a document, you have to search the entire document. You can't pick and choose.

    The same with digital communications. Unlike a copper wire to someone's house where you can place a tap or read mail destined only to their address, you have to look at all traffic and then filter. Thus, you have to look at everyone's email and listen in on every phone call to find what you are looking for.

    I barely qualify as geeky let alone as an expert, but even I know you can't claim to somehow, miraculously, target one individual's traffic in the stream while ignoring everyone else.

  • by gstoddart ( 321705 ) on Wednesday September 11, 2013 @12:37PM (#44820395) Homepage

    Except that there're virtually always young Turks or gadflies or other types looking to make a name for themselves or upset the applecart when those in power show signs of weakness.

    Sure there are, but since you'd be trying to prosecute the head of a federal agency (or near to it), you'd likely need the help of the Attorney General of the US.

    And if he's decided (or been told) that it's not in the national interest to do this, it simply won't happen.

    A junior prosecutor can't file charges his boss tells him he's not allowed to charge. He'd basically get fired or removed from the case.

    Don't get me wrong, I'm not disagreeing with you that someone should be charged -- I'm just of the opinion that as a practical matter it might be impossible for someone with the right jurisdiction to do anything about this to either have or exercise the will to prosecute.

    And I vaguely recall that the feds retain the right to basically say "you have no standing to sue because we said so". I have no idea of what entity could undertake this and be in any way free of being shut down by the feds who cite national security.

    The deck is unfortunately stacked against anybody who wants to prosecute this, since it could mean taking on the entire federal government.

  • by Bob9113 ( 14996 ) on Wednesday September 11, 2013 @01:22PM (#44820837) Homepage

    On a day national security is rallied behind by those in power to protect us

    Do not forget that, according to the sitting US President, the greatest threat to national security is cyber-attack. And one of the greatest weaknesses in our cyber armor is the damage the NSA has done to the cryptography standards that our citizens and corporations rely upon for infosec. Well intentioned though they may be, the NSAs actions have harmed national cyber-security.

  • by Bob9113 ( 14996 ) on Wednesday September 11, 2013 @01:46PM (#44821137) Homepage

"Look! There! Evil!.. pure and simple, total evil from the Eighth Dimension!" -- Buckaroo Banzai

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