Thursday, December 19, 2013

A Guide to NSA Laws

So I wanted to collect sources here about the relevant laws that NSA uses to collect intelligence---what the actual laws say, and the "Secret Laws" interpretations revealed in the Snowden Documents.

The Snowden Documents are available on many sites
The Guardian Snowden Documents
EFF Snowden Documents
ACLU Snowden Documents

ACLU explainer about NSA spying under Foreign Intelligence Surveillance Act (and Court) FISA/FISC link

Brennan Center for Justice Fact Sheet link

Senator Ron Wyden's section on "Secret Laws" how NSA and FISA secretly reinterprets PATRIOT ACT and FISA link

Senator Wyden at Center for American Progress in July 2013 link here   SPEECH PDF


NSA ONLY cites Executive Order 12333 as their authority link, NOT the Patriot Act, and HERE they define their mission to collect
Collect (including through clandestine means), process, analyze, produce, and disseminate signals intelligence information and data for foreign intelligence and counterintelligence purposes to support national and departmental missions;
What Electronic Frontier Foundation (EFF) says about EO 12333 and NSA link here

McClatchy article link here
Documents leaked by former NSA contractor Edward Snowden suggest that less than half of the metadata the NSA has collected has been acquired under provisions of the USA Patriot Act and the Foreign Intelligence Surveillance Act, the two laws that have received the most attention for permitting NSA programs.
Gen. Keith Alexander, the NSA director, has ratified that impression, saying that the majority of NSA data is collected “solely pursuant to the authorities provided by Executive Order 12333.”

Read more here: http://www.mcclatchydc.com/2013/11/21/209167/most-of-nsas-data-collection-authorized.html#storylink=cpy
Patriot Act section 215 and FAA section 702
ACLU on FAA (FISA Amendments Act 2008) link

Patriot Act Summary by Senator Leahy's office link

Leahy Patriot Act reforms, USA FREEDOM ACT link

Senator Wyden's Letter to fix errors in NSA "Fact Sheet" on 215 and 702 link here

ACLU on 215 (FBI authority, NOT NSA authority) link here

ACLU "Myths" Fact Sheet on 215 link

Reid Report (Joy Reid) blog on 215 and 702 link

PATRIOT ACT section 215
Sec. 215. Access to records and other items under the FISA. Both the House and Senate bills included this provision to remove the "agent of a foreign power" standard for court-ordered access to certain business records under FISA and expands the scope of court orders to include access to other records and tangible items. The authority may be used for an investigation to protect against international terrorism or clandestine intelligence activities or to obtain foreign intelligence information not concerning U.S. persons. An investigation of a United States person may not be based solely on activities protected by the First Amendment. Narrower than original Administration proposal, which would have removed requirements of court order and the "agent of a foreign power" showing.

FISA Amendment Act Section 702 link

SEC. 702. PROCEDURES FOR TARGETING CERTAIN PERSONS OUTSIDE THE UNITED 
              STATES OTHER THAN UNITED STATES PERSONS.

Just Security Blog article on 702 link
Section 702 is the statutory authority for the PRISM program, which involves warrantless collection of communications contents via targeting non-U.S. individuals or entities reasonably believed to be located abroad.
Section 702 authorizes warrantless acquisition of communications—including Americans’ communications—if at least one party to the message is overseas, and the target—that is the person or entity about which the government wants information—is a non-U.S. person.




NSA definitions of acronyms NSA website
INTERCEPT - The acquisition of electromagnetic signals, such as communications, radio or radar, using electronic equipment or other means for the purpose of gathering intelligence information on foreign entities. The material collected itself is sometimes referred to as "intercept."
SIGINT - Signals Intelligence - Information which contains communications intelligence (COMINT), electronics intelligence (ELINT), and foreign instrumentation signals intelligence (FISINT), either individually or in combination, however transmitted.



EO 12333, from The FBI v. The First Amendment by Richard Criley (1990) link A History of the Authors

Page 11 The "Thought Police" are still with us
After the 1976 public exposures of the FBI's flagrant abuses of constitutional rights, changes were made.  Congress broadened the purview of the Freedom of Information Act to include CIA and FBI documents.  Guidelines drafted by Edward H Levi, Attorney General in the Ford Administration, imposed restrictions on FBI investigations in First Amendment areas. William Webster, a federal judge, was appointed FBI Director with a mandate to carefully supervise FBI operations.
Early in the Reagan Administration, however, the President signaled a change in policy. He pardoned the only FBI officials ever tried and convicted of violations of constitutional rights.* In 1981, he issued Executive Order 12333, authorizing the CIA and FBI to engage in secret political spying to combat foreign "terrorism" on US soil.  In 1982, EO 12356 gave almost unlimited discretion to government officials to classify and withhold documents from the public. In 1983 Attorney General William French Smith issued new FBI guidelines, rescinding many of the restrictions imposed by Levi.
* FBI Officials W. Mark Felt and Edward Miller, who had authorized illegal break-ins in the investigation of the Weather Underground, were indicted in 1978 and convicted.  President Reagan issued the pardons without examining the trial records. (Kenneth O'Reily p. 291 "Hoover and the Un-Americans" 1983)


Audio/Video

Podcast Michael Hayden "explains" sections 215 and 702 and why its "no big deal" link
I made some comments about Hayden's podcast here and here

Podcast Barton Gellman responds to Michael Hayden link

Gellman and Hayden together, the "steel cage death match" video

Marcy Wheeler (emptywheel.net) explains NSA surveillance video

NSA Whistleblower Thomas Drake on 3 most important Snowden disclosures video FULL EPISODE, Snowden whistleblower award in Russia

BBC news "overview" of Snowden allegations video




No comments:

Post a Comment