Congressional Staffers Told To Pretend NSA Leak Docs Don't Exist; So How Are They Supposed To Respond?

from the i-prefer-not-to-be-governed-by-the-insane dept

Mon, Jun 17th 2013 9:36am — Mike Masnick

Last week, we thought it was ridiculous enough that the DoD (of which the NSA is a key part) had reminded all staff that they were not allowed to look at any of the leaked NSA documents, even if they came across them in the press. If they spotted any, they had to alert various security officials and delete what they saw "by holding down the SHIFT key while pressing the DELETE key for Windows-based systems and clearing of the internet browser cache." As we noted at the time, pretending these documents aren't public does not make much sense, and suggests a government agency that does not want to live in reality.

Now we can add Congress to that list as well. Senate staffers have now been told not to look at the leaked documents, and similarly that they need to "contact the Office of Senate Security for assistance" if they happened across any of the documents accidentally. Once again, this is insane because it means Congress should deny reality and pretend to live with its collective head in the sand -- which is no way to govern.

However, the much bigger deal is that if this were actually obeyed (and it's not), this would effectively hinder Congress's required duty of oversight of the NSA to prevent abuse. If the very Congress that's supposed to monitor the NSA's practices, and which has already been directly lied to by the intelligence community is now being told that it can't even look at the leaks to understand what's going on, how the hell are they supposed to do their oversight job?

Furthermore, last week, we pointed to some video of Rep. Grayson on the House floor giving an impassioned speech about the leaks... and displaying many of the leaked NSA docs blown up on an easel. If Congress isn't allowed to look at them, but Congress is also presenting them on the floor of the House and broadcasting live on C-SPAN and YouTube for the world to see... was the rest of Congress just supposed to avert its eyes while Grayson spoke? Is that a reasonable world?

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: classified information, congress, oversight, staffers, transparency

40 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

That One Guy (profile), 17 Jun 2013 @ 9:19am

Some mighty strange 'oversight' there
So if congress is supposed to be the ones in charge of oversight over the NSA's actions, but they can be told not to review or even look at documents showing the NSA's actual actions, rather than just what they are told about their actions... who exactly is the boss of who again?

Last I checked if an employee is able to tell their 'boss' what they can and cannot do, that's a pretty good indication that the 'boss' is not in fact the one in charge.
[ link to this | view in chronology ]
This comment has been flagged by the community. Click here to show it

Anonymous Coward, 17 Jun 2013 @ 9:40am

Wow, so you're really just going to milk this NSA thing all day again? When you were getting that Ivy League education, did you think you'd end up being a chubby click-loving FUD-pumper?
[ link to this | view in chronology ]
- That One Guy (profile), 17 Jun 2013 @ 9:43am
  
  'Milk'
  Inigo Montoya, if you would...
  
  'You keep using that word. I do not think it means what you think it means.'
  [ link to this | view in chronology ]
- S. T. Stone, 17 Jun 2013 @ 9:52am
  
  Re:
  HEY! There is nothing wrong with loving chubby chicks.
  
  Er, clicks.
  
  Uh�what were we talking about, again?
  [ link to this | view in chronology ]
  - Glenn Quagmire, 17 Jun 2013 @ 11:22am
    
    Re: Re:
    Fat chicks need love too, they just gotta pay
    [ link to this | view in chronology ]
- Lowestofthekeys (profile), 17 Jun 2013 @ 9:54am
  
  Re:
  " chubby click-loving FUD-pumper?"
  
  That sounds like an incredibly complex sexual act.
  [ link to this | view in chronology ]
  - S. T. Stone, 17 Jun 2013 @ 9:56am
    
    Re: Re:
    No one can get into that position, it�s impossible.
    [ link to this | view in chronology ]
    - Anonymous Coward, 17 Jun 2013 @ 11:06am
      
      Re: Re: Re:
      I pulled it off last week.
      
      Oh wait, that was a fudge-pumping. Never mind.
      [ link to this | view in chronology ]
- Anonymous Coward, 17 Jun 2013 @ 9:57am
  
  Re:
  Your tears taste so much better than milk.
  [ link to this | view in chronology ]
- Anonymous Coward, 17 Jun 2013 @ 10:50am
  
  Re:
  Every other comment you make is about milk or milking, what is your obsession with milk? Do you have some kind of fetish of something?
  [ link to this | view in chronology ]
  - Anonymous Coward, 17 Jun 2013 @ 11:11am
    
    Re: Re:
    Yeah, they're milking Mike the Milker pretty hard. Isn't milk supposed to be good for you? You know who else drinks milk? Babies! And adults! You know who doesn't drink milk? Probably terrorists and other lawbreakers like pirates.
    [ link to this | view in chronology ]
    - Anonymous Coward, 17 Jun 2013 @ 11:24am
      
      Re: Re: Re:
      I bet Hitler was lactose intolorent.
      [ link to this | view in chronology ]
      - BearGriz72 (profile), 17 Jun 2013 @ 4:44pm
        
        Re: Re: Re: Re:
        Goodwin'd
        [ link to this | view in chronology ]
- Anonymous Coward, 17 Jun 2013 @ 2:38pm
  
  Re:
  Another trollish comment from someone who wants us to put our heads in the sand, just like Congress. Why are you so interested in deflecting our interest in our government trying to avoid its responsibilities to the people?
  [ link to this | view in chronology ]
  - Just me, 18 Jun 2013 @ 1:12pm
    
    Putting their heads in the sand
    I don't think that part of your body is called 'sand'
    [ link to this | view in chronology ]
Anonymous Coward, 17 Jun 2013 @ 9:49am

Fingers in ears
LALALA I can't hear you.
LALALA I can't hear you.
[ link to this | view in chronology ]
This comment has been flagged by the community. Click here to show it

out_of_the_blue, 17 Jun 2013 @ 9:51am

Yes, we think it's broken. No idea how to fix it.
A generic non-response, same as Masnick on copyright, which is an old tactic of appearing concerned but not giving away true position.
[ link to this | view in chronology ]
- S. T. Stone, 17 Jun 2013 @ 9:52am
  
  Re: Yes, we think it's broken. No idea how to fix it.
  A generic admission of trolling, same as it ever was, which is an old tactic of appearing to have something worthwhile to say but not actually saying it.
  [ link to this | view in chronology ]
  - sorrykb (profile), 17 Jun 2013 @ 10:48am
    
    Re: Re: Yes, we think it's broken. No idea how to fix it.
    S. T. Stone wrote:
    
    ...an old tactic of appearing to have something worthwhile to say but not actually saying it.
    
    I'm not sure about that. I don't think that first criterion was meant.
    [ link to this | view in chronology ]
- weneedhelp (profile), 17 Jun 2013 @ 10:19am
  
  Re: Yes, we think it's broken. No idea how to fix it.
  Y-A-W-N.
  [ link to this | view in chronology ]
- Anonymous Coward, 17 Jun 2013 @ 2:36pm
  
  Re: Yes, we think it's broken. No idea how to fix it.
  Your comment is nonsensical and a waste of electricity just to display it on my monitor. If you cannot form a cogent argument and give supporting evidence, then you are little more than a troll. Please, go away.
  [ link to this | view in chronology ]
Anonymous Coward, 17 Jun 2013 @ 9:52am

The leaked stuff must be explosive if the do not want their staffers to look at it. hey must be scared it will turn them against the senators.
/sarc (maybe)
[ link to this | view in chronology ]
Michael, 17 Jun 2013 @ 9:52am

Enforcement
How can they possibly expect to be able to enforce such a ban? They would need some way to constantly monitor all of the communications being sent to and from congressional staffers, and mine that data to determine if someone has not been following the order.

Such a task is impossible and anyone who says otherwise must be lying.
[ link to this | view in chronology ]
- weneedhelp (profile), 17 Jun 2013 @ 10:31am
  
  Re: Enforcement
  For anyone still naive enough to believe the NSA is not reading our emails:
  
  Americans Sent Over a Hundred Million Father�s Day Messages, Says N.S.A.
  -
  The N.S.A. director added that the agency had not foiled any terror plots over the weekend but did uncover between thirty and forty thousand extramarital relationships. Yeah...
  [ link to this | view in chronology ]
  - John Fenderson (profile), 17 Jun 2013 @ 10:58am
    
    Re: Re: Enforcement
    That is a Borowitz Report story. It is satire.
    [ link to this | view in chronology ]
  - Anonymous Coward, 17 Jun 2013 @ 11:09am
    
    Re: Re: Enforcement
    That was a satire at the New Yorker. Made me remember the David Petraeus and Paula Broadwell scandal. On that note:
    
    http://blogs.telegraph.co.uk/news/concoughlin/100221016/david-petraeus-is-back-with-a-warni ng-the-war-on-terror-is-far-from-over/
    [ link to this | view in chronology ]
Anonymous Coward, 17 Jun 2013 @ 10:02am

Maybe
A campaign is needed where people en masse email their Congressmen and Senators and attach the freely available leaked documents.
[ link to this | view in chronology ]
Anonymous Coward, 17 Jun 2013 @ 10:04am

My demands
1) I want a complete list of all federal agencies that have records of any of the following past or present information of mine:
Name,
address,
ip addresses,
phone #s,
drivers license #,
ssn,
photo,
fingerprints,
any other information that can be tied to me.
The list should include the types of information retained and the reasons that is stored.

2) If there are any agencies in that list beyond the IRS, Census Bureau, and the SSA, I want that information immediately deleted.

(The only exception is if I'm being investigated for a federal crime. In which case, if I'm not brought before a federal judge and charged within 6 months, all such information should be deleted.)
[ link to this | view in chronology ]
- Anonymous Coward, 17 Jun 2013 @ 10:23am
  
  Re: My demands
  I want to add to the list:
  IMEIs
  usernames / user ids
  passwords
  [ link to this | view in chronology ]
- Anonymous Coward, 17 Jun 2013 @ 10:38am
  
  Re: My demands
  Write a map-reduce function.
  [ link to this | view in chronology ]
- Michael, 18 Jun 2013 @ 11:54am
  
  Re: My demands
  Be careful.
  
  At some point, it will be easier for them to delete you than all of your data.
  [ link to this | view in chronology ]
- nasch (profile), 18 Jun 2013 @ 1:40pm
  
  Re: My demands
  If there are any agencies in that list beyond the IRS, Census Bureau, and the SSA, I want that information immediately deleted.
  
  I hope they remember to hold down SHIFT when they delete.
  [ link to this | view in chronology ]
Harlan Quinn, 17 Jun 2013 @ 11:55am

One bit of security that the NSA has provided us is that we now have fewer freedoms for the terrorists to hate.
[ link to this | view in chronology ]
- TaCktiX, 17 Jun 2013 @ 1:13pm
  
  Re:
  Where's that sad but true button!?
  [ link to this | view in chronology ]
Anonymous Coward, 17 Jun 2013 @ 12:05pm

You have to pretend our lies are truth!
Nevermind that the evidence suggests that we're lying, it's not evidence we supplied, so you can't base any of your beliefs on it.
[ link to this | view in chronology ]
- Anonymous Coward, 17 Jun 2013 @ 12:06pm
  
  Re: You have to pretend our lies are truth!
  If I'm ever accused of a crime, I'm gonna use this defense: "You must pretend any statements that aren't my own don't exist - cuz terrorism!"
  [ link to this | view in chronology ]
Ninja (profile), 17 Jun 2013 @ 12:29pm

Please, do not forget to use your built in UNSEE command in the EDIT menu.

Ahem.
[ link to this | view in chronology ]
jameshogg (profile), 17 Jun 2013 @ 12:37pm

Stupid dumbasses.
This is beyond hysterical. It will not work.

Everyone knows that implementing the six-strikes policy on citizens is the best way of preventing them from ever getting their hands on unauthorised material.

I mean for goodness sake. Does NOBODY know that installing DRM on everything is a proven method of stopping traitors, in this case NSA staff, from engaging in any kind of spying? Now do not get me wrong. It is not like you need to do tons of cross-referencing after you have built a giant database of copyrighted data or anything.

That would be silly. INSTEAD, you need to wait until a website like MegaUpload builds it up for you and steal that. It saves you a lot of legal hassle.

Just look at how well Xbox One is doing. All this media coverage, all this hate, and still NOBODY has been able to pirate a game yet! THAT is DRM in action, folks! Oh, I also heard that Microsoft have installed software on their Kinect systems to automatically blur out any other monitor in the room in case it is playing copyrighted material. See? Even MICROSOFT will not take the opportunity to pirate! That is how serious they are! The system can work! So take THAT, Gmail! Attachments promote piracy - never forget.

So there you go. I am now going to read Dragonball Z on my lovely JManga app. I just bought the whole series a few days ago for just �100! Fucking bargain! This app brings my childhood back to life. Almost as if the Dragonballs wished it back, eh? Aww... last episode was SO funny. Dendee had made the wish to transport everyone on the planet Namek to the planet Earth except for Goku and Frieza, and as everyone on Namek is teleporting, Vegeta who had just been brought back to life flies over to a startled Frieza who cannot believe Vegeta is alive. "You must be a ghost!", claims Frieza. And Vegeta replies,

"Can a ghost do THIS, FRIEZA?!"

But before he can charge his energy ball to attack Frieza, he JUST TELEPORTS AND DISAPPEARS INTO THIN AIR! LOL!

I love irony.
[ link to this | view in chronology ]
Anonymous Coward, 17 Jun 2013 @ 1:07pm

Since I am a target, it is not an exaggeration when William Binney said they can watch ideas FORM INSIDE YOUR HEAD. These documents and revelations are a very small part of a very sophisticated machine. It was a planned leak. Whether Snowden was an actual leaker or someones patsy/actor I don't know. Any little bit that makes the public more aware is a good idea.
[ link to this | view in chronology ]
- Anonymous Coward, 18 Jun 2013 @ 4:14am
  
  Re:
  No X Box One games have been pirated because there are none in wide circulation. To maintain that level of security is unprofitable at the least.
  [ link to this | view in chronology ]