What's With the NSA Stuff?

[Annie]

Could it be tech is outpacing the laws? Links at site.

http://www.secondaryscreening.net/static/archives/2005/12/somethings_happ.html

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December 19, 2005 | Something's Happening Here

And the technology they are using isn't quite clear.

I'm becoming more and more convinced (like Noah) by little notes being hit by President Bush, Attorney General Alberto Gonzales and the Deputy Director for National Intelligence General Michael Hayden that the extra-legal NSA wiretaps ordered by the president are using some new technology.

Or more likely, extending some NSA technological method that is clearly legal outside the United States to bear on certain international calls originating in the United States.

At today's press conference with Gonzales, Hayden hinted that the end-run around the FISA court was done for reasons beyond just avoiding annoying paperwork:

FISA involves the process -- FISA involves marshaling arguments; FISA involves looping paperwork around, even in the case of emergency authorizations from the Attorney General. And beyond that, it's a little -- it's difficult for me to get into further discussions as to why this is more optimized under this process without, frankly, revealing too much about what it is we do and why and how we do it.​

When asked why the president didn't ask for Congressional authority for this wiretapping, Gonzales said:

We've had discussions with members of Congress, certain members of Congress, about whether or not we could get an amendment to FISA, and we were advised that was not likely to be -- that was not something we could likely get, certainly not without jeopardizing the existence of the program, and therefore, killing the program.
​

Terrorists and dictators already know their communications can and will be tapped. But what technology don't they know about that the NSA is using here?

Hayden also hinted today that the wiretaps involved suspicions below the level of probable cause.

And here the key is not so much persistence as it is agility. It's a quicker trigger. It's a subtly softer trigger. And the intrusion into privacy -- the intrusion into privacy is significantly less. It's only international calls. The period of time in which we do this is, in most cases, far less than that which would be gained by getting a court order.

And is the period of time shorter in most cases, because the net starts very wide and then is narrowed as the eavesdropping continues?

And what does that "softer trigger" mean? That the program relies on some standard much lower than probable cause as applied to an individual? Maybe something like probable cause to believe someone from the state of Virginia is calling a terrorist?

So does the executive order turn the NSA's ears, data-mining supercomputers and real time transcription powers on ALL calls leaving the U.S. that are bound for Pakistan, Afghanistan, Iran, Somalia and Iraq?

If that's the case, then that's the equivalent of the Catholic Church revealing that for the past three hundred years, the Vatican hasn't believed in the Pope's infallibility.

Rule number one at the NSA is don't spy on Americans.
Rule number two at the NSA is don't talk about the NSA.

This story broke because some at the NSA broke rule number two because they think that rule number one was broken.

The other possibility, suggested to me by someone with experience with wiretapping, is that the NSA may have compromised a hardware manufacturer -- say Motorola or a satellite phone manufacturer, a telecom carrier or a satellite(s).

In any of those scenarios, the NSA would not have to intercept any signals since they would be diverted at the hardware level to the agency. Such power might also give the agency the ability to conduct man-in-the-middle attacks on encrypted communications.

This is a huge story, so little is known at this point and so all we are left with is speculation.

Update: I'm even more convinced that some new technology is being used here, besides traditional wiretaps, based on a just-released July, 2003 letter from Senator Rockefeller to Vice President Cheney outlining his concerns about the eavesdropping.

Rockefeller says he isn't a lawyer or a "technician" and that he can't make a judgement on the program because he can't consult with his staff.

Wiretaps aren't that complicated to understand.

Also, Rockefeller said his briefing reminded him of the Total Information Awareness project (defunded for purposes of data-mining citizens' records, but being developed using black-budget funds for overseas data-mining).

That makes me think the project involved some large scale mostly-suspicionless scanning of outgoing communications. Then, the NSA would focus in on targets, and discard other numbers and email addresses, after some technological sifting.

Josh Marshall has posted two-page hand-written letter.

 

[KarlMarx]

I predict that the Dems and libs will be doing major backpeddling on this issue very soon....

In fact, I believe that the whole "George Bush authorized spying on Americans" will be a non-issue within the week....

here's why....

CLINTON ADMINISTRATION SECRET SEARCH ON AMERICANS -- WITHOUT COURT ORDER

CARTER EXECUTIVE ORDER: 'ELECTRONIC SURVEILLANCE' WITHOUT COURT ORDER

http://www.drudgereport.com/flash8.htm

 

[Annie]

I predict that the Dems and libs will be doing major backpeddling on this issue very soon....

In fact, I believe that the whole "George Bush authorized spying on Americans" will be a non-issue within the week....

here's why....



http://www.drudgereport.com/flash8.htm

There's some on Carter too!

http://www.fas.org/irp/offdocs/eo12139.htm

EXERCISE OF CERTAIN AUTHORITY RESPECTING ELECTRONIC SURVEILLANCE
EO 12139
23 May 1979


By the authority vested in me as President by Sections 102 and
104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1802 and 1804), in order to provide as set forth in that Act (this
chapter) for the authorization of electronic surveillance for
foreign intelligence purposes, it is hereby ordered as follows:

1-101. Pursuant to Section 102(a)(1) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General
is authorized to approve electronic surveillance to acquire foreign
intelligence information without a court order, but only if the
Attorney General makes the certifications required by that Section.

1-102. Pursuant to Section 102(b) of the Foreign Intelligence Act
of 1978 (50 U.S.C. 1802(b)), the Attorney General is authorized to
approve applications to the court having jurisdiction under Section
103 of that Act (50 U.S.C. 1803) to obtain orders for electronic
surveillance for the purpose of obtaining foreign intelligence
information.

1-103. Pursuant to Section 104(a)(7) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1804(a)(7)), the following
officials, each of whom is employed in the area of national
security or defense, is designated to make the certifications
required by Section 104(a)(7) of the Act in support of applications
to conduct electronic surveillance:

(a) Secretary of State.

(b) Secretary of Defense.

(c) Director of Central Intelligence.

(d) Director of the Federal Bureau of Investigation.

(e) Deputy Secretary of State.

(f) Deputy Secretary of Defense.

(g) Deputy Director of Central Intelligence.

None of the above officials, nor anyone officially acting in that
capacity, may exercise the authority to make the above
certifications, unless that official has been appointed by the
President with the advice and consent of the Senate.

1-104. Section 2-202 of Executive Order No. 12036 (set out under
section 401 of this title) is amended by inserting the following at
the end of that section: ''Any electronic surveillance, as defined
in the Foreign Intelligence Surveillance Act of 1978, shall be
conducted in accordance with that Act as well as this Order.''.

1-105. Section 2-203 of Executive Order No. 12036 (set out under
section 401 of this title) is amended by inserting the following at
the end of that section: ''Any monitoring which constitutes
electronic surveillance as defined in the Foreign Intelligence
Surveillance Act of 1978 shall be conducted in accordance with that
Act as well as this Order.''.

Jimmy Carter.

 

[theim]

I predict that the Dems and libs will be doing major backpeddling on this issue very soon....

In fact, I believe that the whole "George Bush authorized spying on Americans" will be a non-issue within the week....

here's why....



http://www.drudgereport.com/flash8.htm

Let's see if you can spot the one difference between them and Bush that would cause the media NOT to abandon the story.

 

[BATMAN]

There's some on Carter too!

http://www.fas.org/irp/offdocs/eo12139.htm

Amazing how the main stream press has not mastered the art of the simple Google check.

 

[KarlMarx]

And they did it without a Patriot Act.....

 

[KarlMarx]

Amazing how the main stream press has not mastered the art of the simple Google check.

It's amazing how the main stream press has not mastered the art of the simple fact check, either.

Another thing that strikes me is that they did all this without the Patriot Act. Oh wait, the Patriot Act RESTORED powers that Clinton took away. And now we're finding out the same powers that he, himself, used.

 

[theim]

Amazing how the main stream press has not mastered the art of the simple Google check.

Oh they know all about all this. They just CHOOSE not to report it because they are the propaganda arm of the DNC.

 

[Adam's Apple]

Looks to me like the NYT didn't do their homework before printing this story. But then, again, maybe they just thought Americans were so stupid that they would swallow it hook, line and sinker without doing a little research of their own.