Surprise: White House's Intelligence Review Task Force Suggestions Much More Than Just Cosmetic
from the wasn't-expecting-that dept
Given the earlier reports suggesting that the "independent" task force set up to review the NSA's activities had come back with a list of suggestions for changes that were mostly cosmetic, rather than substantive, it was a bit of a surprise to see the White House come out today to say that those earlier reports were incorrect and that they were releasing the report in full today (way ahead of schedule). And, now the report is out. After giving it a single read (300+ pages), it is a lot more substantial than many of us expected -- so much so that even the NSA's biggest apologists are "shocked" at how "awkward" it must be for the White House to claim to set up an independent task force, and then have it come back with recommendations that are quite different than what the White House itself has been proposing. It's as if the NSA's apologists assumed this was long in the bag, and that the task force itself was always a joke. Turns out that's not the case.That's not to say this is perfect. There are significant areas where it seems the recommendations could and should go much further. But it does argue for reining in significant amounts of surveillance, providing much greater oversight, protecting non-US persons' privacy as well as US persons, and a variety of other very real changes. It also (as Judge Leon did on Monday) says that there's no real evidence the bulk collection of metadata was useful in any real way... but, oddly, then allows the program to continue, but in a different manner: having the telcos retain the data in case it's later needed (along with relevant court approvals) rather than just keeping the whole database to troll through. There are all sorts of problems with mandatory data retention as well, but we'll talk about that eventually.
It recommends putting significant restrictions on the ability of the FISA court to force companies to disclose private information, and also includes restrictions on the regularly abused "national security letters" process, which the FBI frequently uses to get information without a warrant. It supports much greater transparency about the programs, including allowing companies to reveal details of the number of requests they received for information. And, as mentioned above, they don't just stop at protecting the privacy of US persons, but non-US as well, including that any spying on non-US persons needs to have a direct national security purpose, and cannot be based on political or religious views alone. It also recommends against revealing information about non-US persons, such as the reported plans to leak the porn viewing habits of certain non-terrorists with views with which the American government disagreed.
The report clearly notes the drift by the NSA away from its core mission of national security, and suggests that various actions need to get back to having a specific national security reason. It also argues for splitting up parts of the NSA by designating the NSA itself as only covering foreign intelligence, moving its "Information Assurance Directorate" and (as we'd discussed last week) finally separating US Cyber Command from the NSA (something the White House has apparently already rejected). The report highlights the need for greater privacy assurances, including reconstituting the Civil Liberties Oversight Board into the Civil Liberties and Privacy Protection Board -- and granting it much more power for oversight, while also placing a Special Assistant to the President for Privacy in the executive branch. As many had expected, it also recommends making the FISA court a more adversarial process (something the White House has suggested it may be open to).
The report also recommends that the NSA be blocked from trying to undermine or weaken encryption standards, and actually says that the White House should support greater use of encryption across the board.
There are recommendations to better lock down information within the intelligence community to prevent another Snowden from walking off with documents... but also more avenues for whistleblowers, including having them go to that newly constituted privacy board.
It's final recommendation is one that's most telling, and one of the issues that's most confused me throughout this process. It suggests that the government start actually doing a "cost-benefit" analysis of the various security efforts it engages in. As we've noted, the incredible thing about the revealed programs is that they provided very little benefit, but the costs were astounding, both in managing the programs themselves, but, more importantly, in the impact economically and diplomatically of having those programs revealed.
Now, this report is just a set of proposals, which the White House can reject. In fact, it's likely that many will be rejected or ignored. But, to actually have this review board -- which many expected to be nothing more than yet another rubber stamp -- issue something this detailed, comprehensive... and which really does recommend some very real changes, is a pleasant surprise.
Your move, Mr. President.
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Filed Under: bulk metadata collection, fisa court, fisc, intelligence, nsa, nsa surveillance, review, section 215, surveillance, task force
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Question
Or is that just wishful thinking?
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Re: Question
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Re: Question
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where are all the black bars
what I don't understand is where are all the black bars
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How can "suggestions" be EVEN "cosmetic", Mike? NOTHING HAS HAPPENED.
Meanwhile, Mike ignores vastly more important REAL ACTIONS in the "tech" not "political" field:
Reddit bans comments from global warming skeptics
http://dailycaller.com/2013/12/18/reddit-bans-comments-from-global-warming-skeptics/
Hell, even this from Cheezburger is more important than "suggestions" from a known bunch of criminals (actually, Mike doesn't admit that they are criminals, thinks he's in the ruling class, wouldn't so label his pals):
Miley Cyrus Totally Looks Like Dead Orc
http://cheezburger.com/7959247872
Limited government means limiting The Rich who own it.
11:27:13[m-730-4]
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Re: How can "suggestions" be EVEN "cosmetic", Mike? NOTHING HAS HAPPENED.
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Re: Re: How can "suggestions" be EVEN "cosmetic", Mike? NOTHING HAS HAPPENED.
That's not hyperbole. It's actually rather interesting. Blue has such a profound need to disagree with everything here that he will contradict his own positions -- even ones he took a few minutes earlier -- just so he can argue against whatever was said -- even if it agreed with his position a few minutes earlier.
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Presidents Move
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Retention
In the EU there is a limit on how long a telco must store the data, between 6 months and a year.
And neither privacy advocates nor the telcos are happy with it. The one due to privacy concerns, the other due to costs associated with storing all the data.
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All of this will not help.
Without a windfall of whistleblowers � and the proposal contains suggestions how to curb them, and look what happened to Snowden already, a rather smart guy � what reaches the public will be even less than before and will be celebrated as success.
Without any attempt to defund and deconstruct the facilities for global mass surveillance, they will be kept running, with a few occasional wrist slaps here and there for placating the people who are to be kept dumber than before.
That's the whole point of "reducing unauthorized disclosures". If they planned on keeping the laws, they would not need that. And if they planned on keeping the laws, they would propose ways to deal with funding and facilities that are clearly against the law.
This is just a bit of theatre, and it will be strategically weakened by the government, to boot.
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Intelligence Task Force, etc.
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Decentralize Data Centers by removing to Telcos
(now that the world knows what they are they are a target)
That should save us a TON of cash...now what to do with it?
Over-Site will now have a longer list of names that will all still look the other way and deny. (For a larger wage)
No longer allowed to "Weaken Encryption Standards"
OK excuse me, but when were they ever "Allowed" to do that?
Cost Analysis: Hey! it sure costs a lot to spy on everyone in the world. It seems that we are vastly underpaid. Final cost analysis suggest we all get a significant raise.
Protect Non-American Rights. Is that correct? Will the government actually practice the same bill of goods they export to the rest of the world concerning freedom?
Not very likely
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