No Surprise Here: NSA Abused Surveillance Powers

from the but-of-course-they-did dept

This will comes as little surprise to most people, but it turns out that the NSA has been abusing its surveillance powers, collecting significantly more information than they are allowed to by Congress. Of course, we got a hint of this last year when an NSA whistleblower revealed how the NSA regularly tracked information it wasn't supposed to be tracking. And, of course, we've yet to see a secretive gov't program yet that hasn't been abused in some way. National Security Letters? FBI abused it. Warrantless wiretapping? Abused. So we should certainly be questioning why the administration is claiming that there shouldn't be oversight over any such programs, when history has shown that they have been, and will continue to be, abused.

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Does 'Cyber-Security' Mean More NSA Dragnet Surveillance?

from the fox-guarding-the-henhouse dept

As network infrastructure has become an increasingly important part of our economy, there's been growing concern about the problems of cybersecurity. So far, the key debate is over whether the government should be involved in helping the private sector secure its networks or should focus on government networks. But another important question is which part of the government should be in charge of cyber-security. We're in the midst of a bureaucratic turf war between the Department of Homeland Security and the National Security Agency over who will be in charge of government cybersecurity policy. The NSA's head, Keith Alexander, is pushing the theory that cyber-security is a "national security issue," and that therefore an intelligence agency like the NSA ought to be in charge of it.

The problem with this is that the NSA has a peculiar definition of cyber-security. When most of us talk about cyber-security, we mean securing our communications against intrusion by third parties, including the government. Yet the NSA has made no secret of its belief that "cyber security" means being able to spy on people more easily. Moreover, as Amit Yoran, former head of the Department of Homeland Security's National Cyber Security Division, points out, the NSA's penchant for secrecy, and concomitant lack of transparency, will be counterproductive in the effort to secure ordinary commercial networks. Therefore, the fight between DHS and the NSA is more than just a bureaucratic squabble. There's plenty to criticize about the Department of Homeland Security, and reasons to doubt whether they should be helping to secure private sector networks at all. But at least DHS is relatively transparent, and (as far as we know) doesn't engage in the kind of indiscriminate, warrantless wiretapping for which the NSA has become notorious.

Timothy Lee is an expert at the Insight Community. To get insight and analysis from Timothy Lee and other experts on challenges your company faces, click here.

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NSA Whistleblower Claims US Journalists Were Regularly Spied On: Everything Collected

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

A bunch of folks have been sending in the news, as revealed by Russell Tice, who was one of the major "whistleblowers" on the NSA's questionable warrantless wiretapping activities, that the NSA was not just (as the gov't has claimed) spying on known terrorist threats, but was spying on journalists on a regular basis. Specifically, they were collecting pretty much everything (emails, phone calls, etc.) on certain journalism organizations. He explains that he was officially put on a project supposedly to "weed out" that info, but that it was a deception so that the NSA had some cover if called on it. Instead, he found that all of the data was being recorded. This seems to be an even bigger breach of the surveillance laws. Now, before some people jump up and down in the comments about protecting us from terrorists -- the point here is that there are perfectly good laws allowing intelligence representatives to tap into communications of potential terrorists. The problem here is that it appears the administration went well beyond that, spied on those who were not at all involved in terrorist activities and did not use the legally prescribed process of obtaining warrants (probably because they never would have been granted).

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NSA Abused Wiretap Rights: Intercepted, Shared Private Calls Of Americans

from the funny-how-that-works dept

Now that Congress has totally capitulated and allowed the administration's warrantless wiretapping program to go on without question, it should surprise no one that leaks are coming out highlighting how the program is regularly abused to spy on everyday Americans who are calling North America from the Middle East. In fact, two separate "intercept operators" have apparently come forward separately, and talked about listening in on perfectly innocent calls between two Americans -- exactly the scenario that the government insisted never happened. Specifically, General Hayden stated that conversations between Americans were not being intercepted: "It's not for the heck of it. We are narrowly focused and drilled on protecting the nation against al Qaeda and those organizations who are affiliated with it."

However, according to the operators, it appears to be very much for the heck of it. Not only were calls between Americans listened to and recorded on a regular basis, the "good parts" (i.e., phone sex) were sent around to other operators to listen to as well. One of the operators said that on a regular basis messages would be sent around with messages like: "Hey, check this out. There's good phone sex or there's some pillow talk, pull up this call, it's really funny, go check it out." Of course, this shouldn't surprise anyone. When you give someone the power to spy on calls with absolutely no oversight, it's going to get abused. It's just that simple.

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EFF Sues The Gov't Twice In One Day: Over Surveillance And ACTA

from the busy,-busy,-busy dept

The EFF sure has been busy today. First it filed a lawsuit against the US Trade Representative for keeping info on the ACTA negotiations secret, and then it sued the NSA, President Bush and Vice President Cheney over the warrantless wiretapping issue. Must be a busy day at the EFF office. In both cases, it seems likely that the lawsuits may draw some additional attention to the issues, but it seems unlikely to have much of an impact on actual government policies.

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