President Obama Locking In Cosmetic NSA 'Reforms' Before Key Privacy Board Can Even Weigh In

from the that-doesn't-seem-right dept

Thu, Jan 16th 2014 9:02am — Mike Masnick

While so much attention has been paid to the special White House task force that was set up to look at the NSA situation, and the fact that President Obama is planning to announce his almost entirely cosmetic "reforms" for the NSA tomorrow, it seems that almost everyone has forgotten that there is an official Privacy and Civil Liberties Oversight Board (PCLOB) that is planning to give its own recommendations concerning the NSA's programs... only, it's after the President will have already announced his plans. Admittedly, it must be easy to forget about or ignore the PCLOB. As we discussed a year and a half ago, the federal government (under both Presidents Bush and Obama) left it entirely unstaffed for nearly five years. However, it does now exist and has also been investigating the NSA's programs and their impact on privacy and civil liberties.

Earlier this month, the PCLOB announced that it will be releasing its findings... in late January or after February. In other words, the recommendations will be after the President has already announced his plans. It does sound like the PCLOB report will be fairly thorough -- there will be one focused on Section 215 of the PATRIOT Act (the bulk metadata collection), a report on how FISC works, and a final report on Section 702 of the FISA Amendments Act. Basically, three separate looks at the most controversial aspects of the NSA's activities. And all of them coming after the President has already made up his mind.

Of course, while it might seem odd that the President would announce his plans just a few days before the government's official organization in charge of privacy and civil liberties announces its findings... it's not that odd if the whole point is to basically cut off any serious consideration of whatever they actually end up recommending. And, of course, you don't even have to be overly cynical to assume that's exactly what's happening.

PCLOB Press Statement 1 8 14 (PDF)PCLOB Press Statement 1 8 14 (Text)

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Filed Under: barack obama, nsa, pclob, reform, surveillance

17 Comments

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Ninja (profile), 16 Jan 2014 @ 8:27am

And, of course, you don't even have to be overly cynical to assume that's exactly what's happening.

Actually you just have to be educate on the issues. Marginally. To assume that it's exactly what's happening.
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Internet Zen Master (profile), 16 Jan 2014 @ 9:14am

So is there anyway people can, I dunno, call him on his bullshit and pressure him to continue reforming the NSA even after he locks in the window-dressing reforms he plans on doing right now?
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Anonymous Coward, 16 Jan 2014 @ 9:33am

What a crook.
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Question, 16 Jan 2014 @ 9:39am

Since when does the mere fact that the POTUS announces something establish the final say in any given matter?
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Anonymous Coward, 16 Jan 2014 @ 9:40am

Your master is here!
Quit your complaining!

And Deal!
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Anonymous Coward, 16 Jan 2014 @ 9:41am

Re:
Since Congress will not do anything about it.

There is barely a peep from them on reigning in an out of control Executive Branch.
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out_of_the_blue, 16 Jan 2014 @ 9:46am

"It must be easy to forget about or ignore the PCLOB.' -- Unless you're a weenie.
"(under both Presidents Bush and Obama) left it entirely unstaffed for nearly five years." -- But to Mike it's headlined "Key Privacy Board"! How EXACTLY do you imagine to be "unstaffed" and irrelevant, yet KEY, MIke? Inquiring minds want to know, 'cause to me that looks as though you flatly and stupidly contradict yourself, even stating this doesn't matter, the decision is already made!

THIS is a typical Techdirt "reverse hot dog": pusillanimous ambivalence perhaps contradicting itself, wrapped in a weenie.
Masnicking: daily spurts of short and trivial traffic-generating items.

05:45:08[g-026-8]
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Anonymous Coward, 16 Jan 2014 @ 9:54am

so this tells us exactly what about Obama and those pulling his strings??
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Anonymous Coward, 16 Jan 2014 @ 9:59am

The NSA has hallmarked itself with lying and deceitful nature. At this point, I expect to learn sometime in the future that they have blackmailed or strong armed a lot of politicians, judges, and authorities right on down to the local police forces when needed, with the information they have collected.

Obama has done a 100% turn around from senator to president... Why? He's not the only one. Then there are the die hards that would protect come hell or high water, such as those on the Intelligence Committee that apparently don't care if they are lied to. Why do they not care when that is their job?
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Anonymous Coward, 16 Jan 2014 @ 10:06am

Assumptions of ignorance?
Doesn't this assume that the WH & Prez were not briefed of the findings weeks ago.. Reports sometimes actually do go in front of other eyes before being released. Obviously we don't know, but it is very possible his staff read the report and advised.

Now to turn that around of course it is still too early because he should be acting on the downstream feedback of that report as well

..So it is knee jerk either way, just saying it may not be a blind bat as it is portrayed.
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Anonymous Coward, 16 Jan 2014 @ 10:53am

And as TechDirt noted earlier this week, even if many of these problems could be addressed, the FISC courts don't care to implement them as it would 'overload them' even with staffing help and drastically reduce their ability to rubber stamp...err approve stuff.
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krolork (profile), 16 Jan 2014 @ 10:54am

We need a revolution.
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Anonymous Coward, 16 Jan 2014 @ 11:45am

Re: Re:
Sounds like a replaceable congress... or perhaps they've learned to conspire against the presidency in secret as the president does unto them (and us).
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Anonymous Coward, 16 Jan 2014 @ 11:52am

Re:
"At this point, I expect to learn sometime in the future that they have blackmailed or strong armed a lot of politicians, judges, and authorities..."

Look up the revelations of Russell Tice. He's already blown the proverbial whistle on this practice, and Wlliam Binney seems to agree with him.
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Pragmatic, 17 Jan 2014 @ 3:07am

Re: Re:
That's because they're expecting to take it over in the next election. They need that structure to be in place, conveniently installed by "responsible" Democrats. Now imagine the fun a particularly rabid right-winger would have with mass surveillance and sweeping powers of arrest, secret laws, and secret courts. Replace "national security" with "for the children."

Now pray it doesn't happen, 'cause when one bunch of jokers fails to make the grade, the people vote the others in as if they have no other candidates to choose from.
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Clownius, 17 Jan 2014 @ 4:26am

Re: Re: Re:
Are you suggesting the Republicans wont cry "national security" AS WELL AS "think of the children"?

Because the votes on the patriot act show they are the biggest supporters of such things. They may cry foul about Obama's actions but they vote for them almost to the man. More Democrats vote against then republicans by a massive margin.

Hell i wouldnt be surprised if the Republicans massively extend all of the current programs and add more programs.

The problem is your government consists of two main parties. Right wing Authoritarian and Extreme right wing Authoritarian. You really really need a left wing libertarian option.
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Anonymous Coward, 23 Jan 2014 @ 4:16am

Re:
Ya say ya want a revolution, weeelll, ya knooow. We all wanna change the world.
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