Saturday, December 21, 2013

NSA questions

My questions about NSA relate more specifically about what IS legal and what is not...

What I do know so far is that there are several types of targets:
  • foreigners completely outside US, either only in one country, or between 2 countries
  • outside US but are US citizens
  • inside US but not a US citizen 
  • or between US citizen and a foreigner
So those are the basic relationships, though there may be other combinations as well.  Now there are the laws that NSA uses, discussed more here.  A good beginning to what I was trying to understand is explained here and here, explaining briefly 215, 702 and EO 12333 collections.

But my questions still relate to the 60 Minutes piece, specifically regarding the "example" about the "pirates" discussed here, especially from what I see, NSA ONLY cites EO 12333 as their authority.
Executive Order 12333, originally issued 4 December 1981, delineates the NSA/CSS roles and responsibilities.
and here too McClatchy article on EO 12333
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.”


So my questions are along these lines:

  • What can legally be done under these laws, and others, for US citizens and foreigners??
  1. 215
  2. 702
  3. EO 12333
  4. FISC

Does a search on a target, either US or not, go through each of the above laws or only one or 2 laws depending on the type of search, email, phone, etc??


FROM 60 MINUTES "report" on NSA---many criticized everything, but  especially THIS
 
What would a typical legal search look like? or put another way, what should or would this search look like legally, versus what NSA is actually doing??
What should this search look like legally versus what NSA has been doing illegally??

""Strange that NSA contact-chaining tool demo'd for shows multiple EO12333 authorities only, no 215""

see my tweets in response ""why did they only show foreign metadata?? cant they collect content legally?"" and asking @ashk4n for more explaination why this is a bad example of putting americans' minds at ease






I have been reading NSA documents again, and getting SOME answers, but would still like more specific answers...

NSA Business Records (BR)  link here

NSA Business Records Slideshow link here

NSA Office of Deputy General Counsel (Operations) link here



New York Times Op-Ed by Senators Wyden, Udall, Heinrich  link here regarding 702 specifically
Our bill would prohibit the government from conducting warrantless “backdoor searches” of Americans’ communications — including emails, text messages and Internet useunder Section 702 of the Foreign Intelligence Surveillance Act.

Wyden, Udall, Heinrich letter to Solicitor General Verrilli regarding 702 collection link here
In addition to authorizing the collection of communications to and from foreign,overseas targets, the FISA Amendments Act also has been secretly interpreted to authorize the collection of communications that are merely about a targeted overseas foreigner.
This form of collection allows the government -- through the "upstream"' collection under Section 702 -- to collect any communication whose content includes an identifier, such as an email address, associated with an overseas foreigner who may be a foreign intelligence target.
tens of thousands of emails between law-abiding Americans are likely being collected -- even though these Americans are not actually communicating directly with a foreign intelligence or terrorism target. As FAA collection was intended to target persons "reasonably believed to be located outside the United States," and targeting procedures were intended to "prevent the intentional acquisition of any communication as to which the sender and all intended recipients are known at the time of acquisition to be located in the United States," 

 











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