NSA's Verizon Spying Order Specifically Targeted Americans, Not Foreigners - Forbes
NSA's Verizon Spying Order Specifically Targeted Americans, Not Foreigners
The National Security Agency has long justified its spying powers by arguing that its charter allows surveillance on those outside of the United States, while avoiding intrusions into the private communications of American citizens. But the latest revelation of the extent of the NSA’s surveillance shows that it has
focused specifically on Americans, to the degree that its data collection has in at least one major spying incident explicitly excluded those outside the United States.
In a top secret order obtained by the Guardian newspaper and published Wednesday evening, the FBI on the NSA’s behalf demanded that
Verizon turn over all metadata for phone records originating in the United States for the three months beginning in late April and ending on the 19th of July. That metadata includes all so-called “non-content” data for millions of American customers’ phone calls, such as the subscriber data, recipients, locations, times and durations of every call made during that period.
Aside from the sheer scope of that surveillance order, reminiscent of the warrantless wiretapping scandal under the Bush administration, the other shocking aspect of the order its target: The order specifically states that only data regarding calls originating in America are to be handed over, not those between foreigners.
“It is hereby ordered that [Verizon Business Network Services'] Custodian of Records shall produce to the National Security Agency…all call detail records or ‘telephony metadata’ created by Verizon for communications (i) between the United States and abroad; or (ii)
wholly within the United States, including local telephone calls,” the Guardian’s copy of the order reads. “This Order does not require Verizon to include telephony metadata for communications wholly originating and terminating in foreign countries.”
Though the classified, top secret order comes from the FBI, it clearly states that the data is to be given to the NSA. That means the leaked document may serve as one of the
first concrete pieces of evidence that the NSA’s spying goes beyond foreigners to include Americans, despite its charter specifically disallowing surveillance of those within the United States.
“In many ways it’s even more troubling than [Bush era] warrantless wiretapping, in part because the program is purely domestic,” says Alex Abdo, a staff attorney with the American Civil Liberties Union’s National Security Project.”But this is also an indiscriminate dragnet. Say what you will about warrantless wiretapping, at least it was targeted at agents of Al Qaeda. This includes every customer of Verizon Business Services.”
The leaked document, in fact, is
labelled as an order from the Foreign Intelligence Surveillance Court, a body whose powers were created under the Foreign Intelligence Surveillance Act of 1978 and then broadened after the September 11th, 2001 attacks, with the purpose of intercepting communications between foreign agents and those between enemies abroad and their agents within the U.S. Similarly, the NSA’s charter states that it focuses on interception and analysis of foreign communications, not those within the United States.
But the Verizon order seems to show that the
NSA, using FISA, has specifically gathered communications data that both begins and ends with Americans. That domestic surveillance may be allowed under FISA’s low standard for the “relevance” of the data demanded from Internet companies and telephone carriers in the investigations of foreigners, says Julian Sanchez, a research fellow with the CATO Institute focused on privacy and civil liberties. ”The overall purpose of this program is to identify foreign terrorists,” says Julian Sanchez. “But in fact it extends well beyond whether the individual you’re investigating is foreign. If you think an American citizens’s email has information about what a foreign power or individual is doing, that’s ‘relevant.’ The purpose of the investigation is not a constraint on the target or the people from whom the information is sought.”
“If they data mine huge blocks of call records, they’re getting lots of innocent Americans’ data,” adds Sanchez, “But the argument, I imagine, is ‘we’re doing data mining to look for suspicious patterns to help us identify foreign terrorists.’”