NSA Waited Until Christmas Eve To Release Details Of Its Illegal Surveillance On Americans

from the merry-christmas-everyone! dept

One of the recurring storylines from NSA defenders is that there’s been “no abuse” of the surveillance programs. Except, that’s not true. Leaked and released documents have shown thousands of examples of abuse including failed audits and minimal accountability. In fact, in many of the cases where abuse was found, it was only discovered thanks to employees confessing about abusing the systems years later — meaning that it’s quite likely that there are many more cases of abuse that the NSA itself doesn’t even know about.

The ACLU has been seeking detailed reporting from the NSA on its abuses, filing a lawsuit against the agency for its failures to fully respond to a FOIA request. The NSA — which has a habit of releasing important documents late on Friday evenings before a weekend — took things one step further this time, waiting until Christmas Eve to dump a whole load of files detailing the NSA’s abuse of surveillance practices. Some of the abuses appear rather egregious:

In a 2012 case, for example, an NSA analyst ?searched her spouse?s personal telephone directory without his knowledge to obtain names and telephone numbers for targeting,? according to one report. The analyst ?has been advised to cease her activities,? it said.

Of course, beyond this being a rather blatant form of abuse, it seems noteworthy that this particular example was not included in the report that the NSA gave Congress in 2013 supposedly highlighting all of the examples of abuse. In fact, as you read through these reports, it appears that abuse and “mistakes” were fairly widespread. Here’s opening one of the many reports at random and showing just a snippet of the listings:

That’s just one page out of 13 pages in that report, and the NSA just released nearly 50 such reports… on Christmas Eve. We’ll be trying to dig through these in more detail as well, but it really says how badly the NSA wants to avoid discussing all these abuses, that it timed the release of these documents on Christmas Eve.

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Comments on “NSA Waited Until Christmas Eve To Release Details Of Its Illegal Surveillance On Americans”

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69 Comments
Ninja (profile) says:

it really says how badly the NSA wants to avoid discussing all these abuses that it timed the release of these documents on Christmas Eve

Next: the documents will be available in a computer in the Antarctic continent with only a 5″1/4 drive for those who want to copy them. Maybe stone tablets following. I mean, Christmas Eve is probably the worst they can do without actively hindering the access, no?

Anonymous Coward says:

Good Play!

If its old news we Americans don’t care! Our memory spans are practically non-existent!

Obama proved that you can get ANYTHING by us American idiots! All you have to do is keep doing it rapidly and sequentially then you can catch them off guard easily.

Take a note republicans… Obama has shown you the way… the Dems did not reel their guy in, now its time for you Reps to do the same to them. Let the frenzy begin and be sure to rip America apart by ensuring that the Constitution, the Laws, and the Will of the People are shat upon without delay! Give’m what for!

This will fulfill the veritable prophecy left behind by President George Washington in his farewell address.

Anonymous Coward says:

Re: Good Play!

Bush proved that you can get ANYTHING by us American idiots! All you have to do is keep doing it rapidly and sequentially then you can catch them off guard easily.

Take a note democrats… Bush showed you the way… the Repugs did not reel their guy in, now its time for you Dems to do the same to them. Let the frenzy begin and be sure to rip America apart by ensuring that the Constitution, the Laws, and the Will of the People are shat upon without delay! Give’m what for!

Corrected
No need to thank me, boy.

Anonymous Coward says:

Re: Re: Good Play!

Thank you ma’am…

Side question? What makes you think I care anything for Bush just because I was attacking Obama?

Feeling defensive? I do admit that I have less respect for Obama than I do Bush, but if you bothered to really read my post then you would know that I do not like either of the two parties. I voted for neither of these assclowns!

You are a part of the problem with this country… Your “Obama” gets attacked and you feel offended instead of realizing that Obama = Bush? If you hated Bush, how in the hell can you even tolerate Obama? Obama is just another Bush with ALL of Bushes negative attributes amplified.

O yea, I keep forgetting… for people like you it only matters if there is a D or R next to that name if something is okay or not… carry on sheep person! carry on!

Anonymous Coward says:

Re: Re: Re:2 Good Play!

If you think the attack on Obama was incorrect then there is no help for you either.

Using the lens of history to absolve Obama makes it clear you lack intellectual honesty. While there are always opinions when it comes to how one believes each President has done in their job there are some other very real facts. And Obama has, by the numbers alone, surpassed Bush’s corruption quite effectively.

But I digress you Obama lovers just try to turn these things into a Bush vs Obama when these guys are cut from the same cloth. Bush finished the Terrorists work with America by creating DHS and the Patriot Act… Obama is using all of that power and then some.

Until we can find some way to educate idiots like you, we will never unshackle ourselves from the chains of the party system and the wars that plague mankind. You are so stuck on defending your very corrupt side until the bitter end that the only recourse will be to take lives to put a stop to it. This is never the way to go, but eventually someone that thinks just the way you do about things, but on the other side will come along and will begin the war all over again.

I will just sit back and watch you idiots destroy yourselves once again… not even with the wealth of history available you have yet to learn anything. Your kind apparently approves of “the ends justifying the means.”

John Fenderson (profile) says:

Re: Re: Re:3 Good Play!

“Using the lens of history to absolve Obama”

I wasn’t absolving anyone. Perhaps you should try to understand what I said before calling me intellectually dishonest.

“you Obama lovers”

That’s fantastically funny. I am not an “Obama lover”. That you think that I am merely displays your own distorted, bipolar, world view.

I think that you should read the rest of the comment you wrote there and think very carefully about it — you could stand to learn something from your own words.

Anonymous Coward says:

Re: Re: Re:4 Good Play!

If you are not an Obama lover then I am happy to take that comment back, but when people defend the likes of Obama with the past actions of a lesser evil like Bush, then it makes it a mighty difficult pill to swallow. Obama is a greater evil than Bush, even though in some ways not by much. Obama has lied more, disrespected the people and the soldier more, and has supported every despicable policy Bush put into place despite his past remarks against them. Obama is a much truer version of a silver tongued devil than Bush ever was. Bush would be more of an oafish evil person, while Obama is a deceitfully evil one.

If you consider my view to be bipolar then I cannot help you. Yes I know exactly what my words mean for I formed them myself with a great deal of introspection and observation. I harbor no fantasy that I am the wisest on the planet but do easily recognize the foolishness of most. I know very well how these things will end, and yet, despite reviewing history I do still try to sway the minds of the foolish and ignorant to no avail.

Humanity will never resist it own iniquity, we will forever sit among ourselves and reason away sanity and create law and injustice to fit our machinations in the name of some perverse ideal. We follow our leaders to our own doom, this is why we reap what we sow. We all suffer at the hands of our governments because we foolishly believed them to be honest and well intending with society. Defend the corrupt at your own peril, they will ensure that you are “repaid” for it.

nasch (profile) says:

Re: Re: Re:5 Good Play!

when people defend the likes of Obama with the past actions of a lesser evil like Bush, then it makes it a mighty difficult pill to swallow.

You’re still misunderstanding. Your original comment said, in effect, Obama started this. The replies were “no, other presidents did it before him.” That isn’t defending Obama.

If you consider my view to be bipolar then I cannot help you.

You seem to think that anyone disagreeing with you is in favor of Obama. That would be a non sequitur, and would reflect a fallacious view of the world that puts everyone into one of two categories.

Anonymous Coward says:

Re: Re: Re:6 Good Play!

Wait… the post did not claim that Obama started it, it said he has shown you the way. Sure you can try to construe this to imply a start but does not mean that was the angle the original poster was going for.

The poster also did not imply that anyone that disagreed was in favor of Obama… what seems to be implied that “defending” Obama made them in favor of him. If you defend someones negative actions… well how can you NOT be in favor of them?

Not sure if you did all that to twist the debate but its important to clarify, perhaps the original poster should have done a better job at this but reading into things like this always leads to misunderstanding, it happens, but best to avoid when possible.

nasch (profile) says:

Re: Re: Re:7 Good Play!

Wait… the post did not claim that Obama started it, it said he has shown you the way. Sure you can try to construe this to imply a start but does not mean that was the angle the original poster was going for.

Perhaps that isn’t what he meant but that is what it sounds like to me, especially since after it was interpreted that way he didn’t say anything to the effect of “I didn’t mean Obama started it”.

The poster also did not imply that anyone that disagreed was in favor of Obama… what seems to be implied that “defending” Obama made them in favor of him. If you defend someones negative actions… well how can you NOT be in favor of them?

You’re making the same mistake he did. Nobody has defended Obama’s actions. Pointing out that Obama was not the first to do it IS NOT defending Obama, or his actions. I can make a Nazi analogy if you like… but sometimes those don’t help. 🙂

Anonymous Coward says:

Re: Re: Good Play!

Truman proved that you can get ANYTHING by us American idiots! All you have to do is keep doing it rapidly and sequentially then you can catch them off guard easily.

Take a note democrats… Truman showed you the way… the Dems did not reel their guy in, now its time for you Reps to do the same to them. Let the frenzy begin and be sure to rip America apart by ensuring that the Constitution, the Laws, and the Will of the People are shat upon without delay! Give’m what for!

Corrected
No need to thank me, child.

Anonymous Coward says:

Re: Re: Re: Good Play!

Yea, My diatribe can be easily used for either party you need to use it for.

That is why I brought up George Washington. He pretty much said this type of back and forth bullshit would happen if we keep going down the party system road. Boy was he right.

Neither party will purge their corrupt members and the citizens just keep voting down the party line regardless of what happens becoming polarized every time someone says something trashy about “their guy”. We have been voting R or D repeatedly, for quite some time, while expecting different results. Someone said that this was the definition of insanity.

John Fenderson (profile) says:

Re: Re: Re: good play

Just to be clear, I don’t actually agree that non-voters (or only-voters)have no right to comment. Talking about (and complaining about) the government is the most important thing a citizen can do. Even more important than voting. It is every citizen’s responsibility to discuss these issues, whether they vote or not.

I agree with Mark Twain: “The citizen who thinks he sees that the commonwealth’s political clothes are worn out, and yet holds his peace and does not agitate for a new suit, is disloyal, he is a traitor. That he may be the only one who thinks he sees this decay, does not excuse him: it is his duty to agitate anyway, and it is the duty of others to vote him down if they do not see the matter as he does.”

Anonymous Coward says:

Re: Re: good play

I disagree with you on this Jon. Nonvoters can comment on the same topics as voters (whether informed or the ignorant ones). While voting is a great concept, the current iteration and recent history has shown its shortcomings. Those who exercise their right in not participating through non voting can be informed citizens.

That One Guy (profile) says:

Re: good play

Not far enough, people should only be allowed to comment on the elected and what they do if the people they voted for won.

After all, elections are infallible measures of the will of the people and what they want done, so if your guy/gal didn’t win, then obviously the people disagree with your stance and views, and you should have no say in how things are done!

The Wanderer (profile) says:

At this point, I rather suspect that what they mean by “no (evidence of) abuse” is that there’s no evidence that the NSA itself has been abusing its authority under these programs, rather than that individual analysts have been (ab)using their access in ways which fall outside of their duties.

I.e., if an NSA agent were ordered to do something which was an abuse of one of these programs, that would qualify as the NSA abusing its authority – but if an NSA agent with access under these programs just does something inappropriate with that access, on his or her own, that’s not the NSA committing the abuse. It’s an “institutional” vs. “individual” thing.

That’s twisting definitions of words a bit, but much less than what the NSA has already done in other areas to justify these programs in the first place, and it would not in the least surprise me if they were intentionally using that narrower definition to be able to claim no abuse and have it be technically accurate.

John Fenderson (profile) says:

Re: Re:

I’m sure that you’re right, that’s how they want to frame the situation. But it’s complete bullshit. In the end, any bad thing that any organization does comes down to someone approving it — so in the end, the organization itself (being a nonsentient, manmade fictional entity) can never do anything wrong at all. It’s always some person or people within it, after all.

The Wanderer (profile) says:

Re: Re: Re:

There’s room for discussion of nuance there, but my point was that if we want to refute them on this counterargument, we need to either come up with evidence that there is abuse of this narrow type which they’re actually denying, or start pointing out explicitly that they’re denying something other than what they’re being accused of (and thereby not addressing the accusations).

That One Guy (profile) says:

Re: Re: Re:3 Re:

“When asked whether or not you are doing A, you assured us that you are not doing B. While nice, that’s not what was asked, so if you could, answer the question: Are you doing A?

Nice idea, but the news agencies these days are too spineless to actually follow through. They might lose out on some ‘exclusives’ after all, can’t have that.

nasch (profile) says:

Re: Re: Re:4 Re:


Nice idea, but the news agencies these days are too spineless to actually follow through.

It’s amazing to listen to some British reporters. They’re like bulldogs compared to Americans. It’s somewhere between disappointing and infuriating to see a reporter just let a politician off the hook if he’s determined enough to dodge the question twice. It’s like they think it’s more important to get through all the questions than to actually get answers to some of them.

That One Guy (profile) says:

Re: Re: Re:5 Re:

And that is why the ‘news’ in the US is completely useless at keeping politicians in check, because any half-way intelligent politician knows that if they dodge a question once or twice the one asking will just move on to the next, rather than refuse to move on and spend an entire show trying to get the politician to answer.

It’s exactly like you say, they prioritize making it through the list of questions, even if that means ignoring the ones that aren’t answered, over actually having the questions answered, and everyone knows it.

Where they should be confrontational, asking questions and demanding answers, and being the ones in charge of the interview, instead, more often than not, they just let the politician run the show, lobbing a few weak questions, and completely ignoring it if those questions are brushed aside and dodged.

Anonymous Anonymous Coward says:

Our new reality?

An unredacted NSA report covering a recent Five Eyes long term planning session was found copied to Dick Cheney’s upstairs toilet paper roll, followed by a translation of the US Constitution into Klingon (with surprisingly few spelling errors), while he was in an out-patient luxury suite above the local Hooters holding a sawed off shotgun on the surgeon replacing his pacemaker. The complete text of the sessions executive summary (beginning after the extremely popular morning mushroom break) follows:

Covert intercepts reveal that while Captain Kirk was having a heated exchange with Han Solo (no light sabers or phase pistols involved) about the impact of the flux capacitor’s actual influence on warp drive development (the actual disagreement covering the flux capacitors existence in the 1890’s due to time travel), Gandalf appeared and called them both fools since it was absolutely obvious to him that warp drive was a manifestation of Alice’s eating of little cakes.

Just about that time, upon information deciphered from the Ferengi Rules of Acquisition, Lara Croft began an investigation (AKA tomb raid) into star charts directing her to Fhloston Paradise, in a pyramid outside of Cairo where she coincidentally discovered two Transformers playing badminton with a curling stone inside an unstable worm hole that was pinned against the root of the space elevator (the pyramid was…well used to be…the anchor).

Consensus was achieved when two full squadrons of flying monkeys took them all away and deposited them in the black hole of imagination for an experience in extreme rendition (AKA event horizon creator), negating the whole concept of science fiction juxtaposed with that of fantasy as reality, giving the data collectors 3 more identifiers in their quest for the unholy grail (as opposed to the holy one) The session was declared a success and a good time was had by all.

Thus goes our best intelligence agencies thinking…at their best.

Todd Shore (profile) says:

In a 2012 case, for example, an NSA analyst “searched her spouse’s personal telephone directory without his knowledge to obtain names and telephone numbers for targeting,” according to one report. The analyst “has been advised to cease her activities,” it said.

Did she have access to “her spouse’s personal telephone directory” through the NSA?

Anonymous Coward says:

"Cease her activities" is the response??

The analyst “has been advised to cease her activities,” it said.

I believe there was an accountability failing here. “Stop that” is appropriate advice when you catch someone fantasizing about abusing their access. “You’re fired” is the appropriate first level step when you catch them actually abusing their access.

Anonymous Coward says:

I noticed most of the reports state it was later realized that selectors (phone numbers, International mobile subscriber identity, etc) were those of American citizens. At which point the NSA realized they were breaking the law and ceased unlawfully seizing and searching those selectors.

My question is, at this point does the NSA forward those selectors to GCHQ so that they can continue seizing and searching American selector information from outside the country?

Anonymous Coward says:

Their way of thinking...

NSA guy: Sir, we just discovered major abuse within the NSA. We should discover who has done this and punish them severely to prove that we are dealing with this problem.

NSA boss: What!? Are you out of your mind? We will tell our employees that they can’t do that… unless they can do it without getting caught. Then we will just make sure it becomes legal.
Or not… it is not like anyone is going to, or could, punish us anyway.

Anonymous Coward says:

You better watch out
You better not cry
You better not pout
I’m telling you why
NSA is coming to town
NSA is coming to town
NSA is coming to town

He’s making a list,
Checking it twice;
Gonna find out who’s naughty or nice.
NSA is coming to town
NSA is coming to town
NSA is coming to town

He sees you when you’re sleeping
He knows when you’re awake
He knows if you’ve been bad or good
So be good for goodness sake

With little tin horns and little toy drums
Rooty toot toots and rummy tum tums
NSA is coming to town
NSA is coming to town
NSA is coming to town

He sees you when you’re sleeping
He knows when you’re awake
He knows if you’ve been bad or good
So be good for goodness sake
Goodness sake

You better watch out
You better not cry
You better not pout
I’m telling you why
NSA is coming to town
NSA is coming to town
NSA is coming
NSA is coming
NSA is coming to town

(Coming to town)
NSA’s a busy man he has no time to play
He’s got millions of stockings to fill on Christmas day
(NSA is coming to town)
(Coming to town)
(NSA is coming to town)
(Coming to town)

Patrick Durusau (profile) says:

NSA - Partial File Release

The incompleteness of the NSA Christmas file release has gone unnoticed. On Christmas Day I posted: Merry Christmas From the NSA! Missing Files detailing missing files. Then on 27 December 2014, I posted NSA IOB Report Dump – Still Missing Files on 3 files missing after the NSA corrected its first file posting (silently). As of today, 30 December 2014, the NSA as posted the three files I noted missing on 27 December 2014, again, silently. The piece-meal dribbling out of the files hasn’t attracted other commentary as far as I am aware.

Anyone performing substantive analysis of the file content? Interested in comparing methods/notes. Thanks!

Patrick

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