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Yahoo Scan By US Fell Under Foreign Spy Law Expiring Next Year (reuters.com) 50

An anonymous reader quotes a report from Reuters: A Yahoo operation in 2015 to scan the incoming email of its customers for specific information requested by the U.S. government was authorized under a foreign intelligence law, parts of which will expire next year, two U.S. government officials familiar with the matter said. The collection in question was specifically authorized by a warrant issued by the secret Foreign Intelligence Surveillance Court, said the two government sources, who requested anonymity to speak freely. Yahoo's request came under the Foreign Intelligence Surveillance Act, the sources said. The two sources said the request was issued under a provision of the law known as Section 702, which will expire on Dec. 31, 2017, unless lawmakers act to renew it. The FISA Court warrant related specifically to Yahoo, but it is possible similar such orders have been issued to other telecom and internet companies, the sources said. Section 702 of the FISA governs a program exposed by former National Security Agency contractor Edward Snowden known as Prism, which gathers messaging data from Alphabet Inc's Google, Facebook Inc, Microsoft Corp, Apple Inc and other major tech companies that involves a foreign target under surveillance. Another type of spying the authority allowed under Section 702 is known as "upstream," and allows the NSA to copy web traffic flowing along the internet backbone located inside the United States and search for certain terms associated with a target. "The NSA has said that it only targets individuals under Section 702 by searching for email addresses and similar identifiers," Senator Ron Wyden (OR-D) said in a statement to Reuters on Monday. "If that has changed, the executive branch has an obligation to notify the public."
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Yahoo Scan By US Fell Under Foreign Spy Law Expiring Next Year

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  • Don't worry (Score:5, Insightful)

    by rossdee ( 243626 ) on Thursday October 06, 2016 @06:16AM (#53023341)

    I am sure Congress will extend it

    • Re: (Score:2, Insightful)

      by Anonymous Coward

      Probably already did, probably buried somewhere deep in the CR bs they just passed.

      [section 12.3.4.a.4.b(1).a is hereby amended to replace " no later than December 31st 2016 ", with "as such date determined to be appropriate by the DNI."]

  • by moeinvt ( 851793 ) on Thursday October 06, 2016 @07:16AM (#53023523)

    From the article:

    "The collection in question was specifically authorized by a warrant issued by the secret Foreign Intelligence Surveillance Court, said the two government sources"

    Notice how Reuters just regurgitates the info they get from "anonymous government sources"? They don't even bother to cite the law, nor do they question it on Constitutional grounds. Anonymous sources say that the FISA court said it was OK, therefore it's OK? Thanks for the investigative journalism.

    From The Fourth Amendment to the U.S. Constitution:

    "... no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized ..."

    IANAL, but it would be impossible for the government to demonstrate "probable cause" to search the e-mail messages of every single Yahoo! user. The word "particularly" is also very relevant here as it contrasts to "general". It's illegal to issue a "general" warrant. The verbiage is very deliberate in meaning that the "particular" person or premises must be named in the warrant. "All Yahoo! e-mail users" or "All e-mail on Yahoo! servers" is not a "particular" description.

    I'm not optimistic, but *maybe* there's a lawsuit here that will force a court ruling on this crap. If all Yahoo! e-mail users were affected, the government can't argue(as it has done successfully in the past) that the plaintiffs lack legal standing to sue.

    • by Holi ( 250190 )
      Section 702 of the Foreign Intelligence Surveillance Act, what do you mean they don't mention the law?
    • by mentil ( 1748130 )

      To be fair, it's Reuters, a newswire agency. They send along facts to other news sources who subscribe to their feed, and let them do the editorializing. Not that they never editorialize on their own site, but they have a "stick to the facts" background. If the Constitution is relevant to the story is up to the editors, apparently.

  • by Anonymous Coward

    The same 702 that was set to expire in 2012? The same 702 that was enabled by the House and Senate in late December and signed by Obama on December 30, 2012, two days before expiration? The same one that many of us protested back in 2012? The same one that the government must be sure we've all forgotten by now so it can be quietly renewed next year by whatever muppet is installed as President? The one that was promised to target furriners only? The one in that bill there? [wikipedia.org]

    Well, color me surprised. And

  • It is still a criminal offense when seen from other countries. Basically, it shows again that an American-based company is not trustworthy.for storing any data at all.

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