NSA Section 702 Q&A Glosses Over Incidental Collection Problems, Domestic Surveillance

from the mostly-true-and-mostly-misleading dept

As the clock winds down to the end of the year, the NSA (along with the FBI, CIA, and other government components with access to NSA collections) is hoping it won't have its internet surveillance programs limited in any way. So far, it's receiving plenty of help from the Senate Intelligence Committee, which has offered up a zero-reform package. (The House has its own version, which actually includes a few reforms, but it still leaves plenty of loopholes for domestic surveillance.)

To that end, the NSA has released a highly-misleading Q&A on Section 702 surveillance -- one that conveniently ignores its historic problems with incidental collection and the other authorities being renewed that actually do allow it to target US persons.

The NSA chooses to focus solely on Section 702 and the issue of targeting. But these focal points are misleading. The NSA has plenty of ways of obtaining US persons' communications without targeting them. On top of that, the NSA has a few options for targeting US persons that go completely unmentioned. And the FBI is allowed to target US persons for a number of reasons using NSA surveillance programs -- again, something the Q&A ignores completely.

Section 702 surveillance is done under Title VII, which also includes US person-targeting authorities like Section 704 and 705(b). Not much discussion has centered on these two authorities because they aren't used that often. But they do absolutely allow the NSA to target US persons, unlike Section 702.

But there are problems with Section 702's foreign-facing work as well. In addition to targeting adversaries, Section 702 also allows the NSA to target friendly foreigners, like high-ranking government officials. Even while remaining foreign-focused, the program has still swept up US persons' communications. Some of this "incidental" collection was eliminated when the NSA dropped its "about" email collection. But even with its voluntary move, the NSA is still sweeping up US communications inadvertently.

This is a boon for the FBI, which is allowed to perform backdoor searches on Americans for evidence of criminal activity. This isn't limited to terrorist activity or foreign crimes. The bill offered up by the Senate would actually expand the FBI's use of NSA collections by adding a number of new crimes to the list of search justifications.

The assurances offered by the NSA are false. Marcy Wheeler's impeccable takedown of the self-serving Q&A points out the disingenuousness of the NSA fielding its own softball questions.

Curiously, while the NSA doesn't address the disproportionate impact of 702 on Muslims, it does pretend to address the disproportionate impact on Asians or their family members — people like like Xiaoxiang Xi and Keith Gartenlaub.

Q: Could the government target my colleague, who is a citizen of an Asian country, as a pretext to collect my communications under Section 702?

A: No. That would be considered "reverse targeting" and is prohibited.

Thanks to Ron Wyden, we know how cynically misleading this answer is. He explained in the SSCI 702 reauthorization bill report that the government may,

conduct unlimited warrantless searches on Americans, disseminate the results of those searches, and use that information against those Americans, so long as it has any justification at all for targeting the foreigner.

Effectively, the government has morphed the "significant purpose" logic from the PATRIOT Act onto 702, meaning collecting foreign intelligence doesn't have to be the sole purpose of targeting a foreigner; learning about what an American is doing, such as a scientist engaging in scientific discussion, can be one purpose of the targeting.

The NSA tops off its Q&A by (accurately) claiming it can't search 702 collections for US person information. But it does not point out other government agencies can -- and can do it with very little oversight. That's what the FBI does routinely but not once in the Q&A will you find any reference to outside agency data store access.

The NSA's pro-702 pitch may be factual, but only because it carefully excises all of the inconvenient facts -- ones that might cause more people to question the collection and data search procedures being renewed.

Hide this

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: domestic surveillance, mass surveillance, nsa, section 702


Reader Comments

Subscribe: RSS

View by: Time | Thread


  • identicon
    Anonymous Coward, 21 Nov 2017 @ 11:48am

    The price of being a a marauder overseas is a police state at home.

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 21 Nov 2017 @ 12:38pm

      Re:

      exactly what we all voted for, whether we knew what they were actually voting for or not.

      link to this | view in chronology ]

  • identicon
    Rekrul, 21 Nov 2017 @ 4:02pm

    It will be re-authorized with no changes and with all the usual promises that if they re-authorize it now, they can have a debate about it next time. Of course no such debate will occur, it will be re-authorized again and again they will promise to debate it next time. Same shit, different year.

    link to this | view in chronology ]

  • icon
    hyphenitis (profile), 22 Nov 2017 @ 5:56am

    Q.  How are backdoor searches carried out?
    A.  Via upstream surveillance.

    Q.  What is upstream surveillance?
    A.  It is the use of fiber optic stream splitters to record everything–– every bit & byte, 24/7.  "Collect it all."

    Q.  What is the purpose of upstream surveillance?
    A.  The reason always trotted out is to fight terrorism.

    Q.  Why use upstream surveillance on the citizenry?
    A.  There is no good reason.  & it is blatantly unconstitutional.

    Q.  What is the real purpose of domestic upstream surveillance?
    A.  There are several:

    Blackmail & coercion

    Insider trading & market manipulation

    Compromise of trade secrets

    Ownership of legislative bodies

    Ownership of the judiciary

    Exposure of political enemies

    Parallel construction

    Violation of attorney-client privilege

    As a time-machine to memorialize & discover past infractions/indiscretions

    Bottle up dissidents & contrarians

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 22 Nov 2017 @ 12:19pm

      Re:

      Chill speech and thought

      link to this | view in chronology ]

      • icon
        hyphenitis (profile), 22 Nov 2017 @ 2:11pm

        Addition to list

        Thanks for that one.  I intend to requisition it.  If you don’t mind, Anon.  It will be number 11.  One behaves differently when one knows one might be monitored.  Hat tip to Orwell.

        There is also a number 12:  watching real-life, real-time porn.  The spooks get to do that when they stumble onto it.  But I’m leaving that one off the list (for now).

        :‑D

        link to this | view in chronology ]

  • identicon
    Benjamin Allen Sullivan, 25 Nov 2017 @ 12:37pm

    CSIS Murdering Ring and CIA Operation in Russia

    Botched CIA Murder Operation in Russia; CSIS Murdering Ring of Citizens; World-Changing Physics

    Help Me - I will pay a premium (Millions) - No Fail Contingency Case of a lifetime!

    This CIA has tried to kill me multiple times in conjunction with CSIS.

    Botched CIA Murdering Operation in Russia: http://www.reculuxury.com

    Send everywhere and publish everywhere! World-Changing Physics
    Help my Family and Me!

    I need the attached information (unequivocal truth) uploaded for everyone to see. I have tried unsuccessfully.

    Good afternoon, my name is Benjamin Allen Sullivan. I have world and humanity changing discoveries (Mathematics, Physics, and Otherwise) that have been prevented from recognition and academic accreditation by the intelligence community. Below is the information that I have sent to thousands of Media, Government, my Fellow Americans, Academia, and every legitimate faucet of Democracy relentlessly without success (manipulation by the CIA et al.).
    I have attached my discoveries (Unification) and the patents that I own (including filing certificates) for the Quantum Technological Revolution (Quantum Radio and Communications, Quantum Imager, and Quantum Encryption Systems and Software) are available at the links provided below.

    My family and I need your help – our lives depend on it!

    We need you to validate and publish my Discoveries, Physics, and Science.

    Any other help that you can provide will contribute to saving our lives:
    1. I need a Whistle-Blower Attorney (and firm) for the no fail contingency case of a lifetime (I am willing to pay a premium).
    2. Main Stream Media Reporting the Truth.
    3. Medical Attention for the removal of these implants and the remainder of me repaired after years of torture, abuse, and multiple attempts at my life.
    4. Academia (you) validating my Discoveries, Physics, and Science and reporting the same.
    Please help us!

    Help my family and Me!


    https://drive.google.com/drive/folders/0B6ch0mgORF2MVEs2NXBmaDlNRzg?usp=sharing

    I have also temporarily abolished a former business website to place all of the documentation in one place:

    http://www.reculuxury.com

    http://www.basrc.biz/help

    Please Help Me!

    Benjamin Allen Sullivan
    CEO BASRC
    Email: CEO@BASRC.Biz
    Web-site: http://www.basrc.biz
    ________________________________________________________________________________ ___

    Good afternoon, my name is Benjamin Allen Sullivan and I desperately need your help and legal counsel.

    I have information substantiating years of torture, abuse, multiple attempts at my life, a botched CIA operation in Russia, theft of my intellectual property, and decimation of my life by the CIA and CSIS.

    I had a deadline of 13 July 2017 to have these filed with WIPO and have them fully protected. There is no way that I could have accomplished this after these people have systematically destroyed my life.

    These people have manipulated my life in every way and prevented the sale and filing of my intellectual property and prevented the establishment of my business to exploit my discoveries, physics, and science.

    In fact, there is absolutely no statute for time (or even my actions - which have been honorable and truthful) as long as these illegal implants remain in my body and my U.S. Constitutional Rights and Civil Liberties are being discarded with every legitimate facet of democracy prevented from functioning.

    This intellectual property is worth trillions of dollars and it has been stolen (I possess the patents for a quantum radio, quantum communications system, quantum imager, quantum encryption and associated software – filing certificates attached and other intellectual property prevented from filing). I can pay you/your firm with the recovery and filing of this intellectual property which is an integral component of this case. This is the contingency case of a lifetime and I am willing to pay a premium for your firm’s legal help.

    I will engage the Affirmative Asylum process (I have an I-589 electronically filled out - attached).

    I am a U.S. Citizen and entitled to ALL my Constitutional Rights and Civil Liberties. My U.S. Government (CIA) Drugged me by stabbing with a needle and put these illegal implants in my body.

    I need your help with this urgently.

    In addition to this, I have presented all the same information that I have given you to the Washington Post (Peter Finn) and thousands of other media emails.

    I am living by squatting in houses, in a tent, or in shelters after arriving in DC on 02 July 2017. I entered the US from Mexico by swimming across the Rio Grande and hitchhiking my way here. I do not have a fixed-address. I am prepared (and looking forward to) being a witness against these criminals and bringing them all to justice via legitimate democratic trials on home US soil with public access, media, public accountability, and all the components of democracy functioning.

    I need your counsel more than you can imagine. I require a lawyer that is willing to tackle the former director of the CIA, the U.S., and Canadian Governments, CSIS, and the remainder of the implicated intelligence communities involved.

    I am in constant fear of my life and need your help and your legal counsel!

    I know how incredible all of this sounds (and it is incredible), I could not make this up if I wanted to and I have the substantiating evidence to support it. Please start with reading the document: CSIS Murdering Ring and Operation in Russia

    Please help me immediately.

    https://drive.google.com/drive/folders/0B6ch0mgORF2MVEs2NXBmaDlNRzg?usp=sharing

    I have also temporarily abolished a former business website to place all of the documentation in one place:

    http://www.reculuxury.com

    http://www.basrc.biz/help

    Please Help Me!

    *note* that my phone no longer works and I can only be contacted via e-mail: CEO@BASRC.Biz I can phone you prior if we arrange it, and I am able to meet with you in person (preferred) once you have had a chance to review all the information.



    Benjamin Allen Sullivan
    CEO BASRC
    Email: CEO@BASRC.Biz
    Web-site: http://www.basrc.biz

    link to this | view in chronology ]


Follow Techdirt
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Discord

The latest chatter on the Techdirt Insider Discord channel...

Loading...
Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it
Close

Email This

This feature is only available to registered users. Register or sign in to use it.