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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSecret to PRISM Program: Even Bigger Data Seizure ("small part of much more expansive & intrusive")
http://bigstory.ap.org/article/secret-prism-success-even-bigger-data-seizureSECRET TO PRISM PROGRAM: EVEN BIGGER DATA SEIZURE
By STEPHEN BRAUN, ANNE FLAHERTY, JACK GILLUM and MATT APUZZO
Jun. 15 2:53 PM EDT
- snip -
The agents wanted email archives, account information, practically everything, and quickly. Engineers compiled the data, sometimes by hand, and delivered it to the government.
Often there was no easy way to tell if the information belonged to foreigners or Americans. So much data was changing hands that one former Microsoft employee recalls that the engineers were anxious about whether the company should cooperate.
- snip -
The revelation of Prism this month by the Washington Post and Guardian newspapers has touched off the latest round in a decade-long debate over what limits to impose on government eavesdropping, which the Obama administration says is essential to keep the nation safe.
But interviews with more than a dozen current and former government and technology officials and outside experts show that, while Prism has attracted the recent attention, the program actually is a relatively small part of a much more expansive and intrusive eavesdropping effort.
MORE AT LINK
ProSense
(116,464 posts)or even the telecom companies' permission. From the OP link:
But Internet data doesn't care about borders. Send an email from Pakistan to Afghanistan and it might pass through a mail server in the United States, the same computer that handles messages to and from Americans. The NSA is prohibited from spying on Americans or anyone inside the United States. That's the FBI's job and it requires a warrant.
Despite that prohibition, shortly after the Sept. 11 terrorist attacks, President George W. Bush secretly authorized the NSA to plug into the fiber optic cables that enter and leave the United States, knowing it would give the government unprecedented, warrantless access to Americans' private conversations.
Tapping into those cables allows the NSA access to monitor emails, telephone calls, video chats, websites, bank transactions and more. It takes powerful computers to decrypt, store and analyze all this information, but the information is all there, zipping by at the speed of light.
Catherina
(35,568 posts)ProSense
(116,464 posts)The entire article is framed to create the impression that warrantless wiretapping is legal, and that Obama approves of it.
The article mentions the Protect America Act, quotes Obama opposing it, and then creates the impression he embraced it when he became President.
From the OP article:
Congress approved it, with Sen. Barack Obama, D-Ill., in the midst of a campaign for president, voting against it.
"This administration also puts forward a false choice between the liberties we cherish and the security we provide," Obama said in a speech two days before that vote. "I will provide our intelligence and law enforcement agencies with the tools they need to track and take out the terrorists without undermining our Constitution and our freedom."
<...>
Years after decrying Bush for it, Obama said Americans did have to make tough choices in the name of safety.
There have been a number of media reports using the same Obama quote to basically claim that he once called out Bush, but then embraced the policy. They are intentionally conflating a quote about the PAA with his position on the 2008 FISA amendments, which he voted for. They are not the same thing.
While the article mentions that Obama voted against the Protect America Act (http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00309), there is no mention ot the fact that the Act expired in early 2008.
http://en.wikipedia.org/wiki/Protect_America_Act_of_2007#Legislative_history
http://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Act#Protect_America_Act_of_2007
Here's Bush's statement at the time: http://georgewbush-whitehouse.archives.gov/news/releases/2008/02/20080214-4.html
It's illegal to collect this information on Americans.
Here is information on the FISA law including the 2008 amendments.
Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008
- Prohibits the individual states from investigating, sanctioning of, or requiring disclosure by complicit telecoms or other persons.
- Permits the government not to keep records of searches, and destroy existing records (it requires them to keep the records for a period of 10 years).
- Protects telecommunications companies from lawsuits for "'past or future cooperation' with federal law enforcement authorities and will assist the intelligence community in determining the plans of terrorists". Immunity is given by a certification process, which can be overturned by a court on specific grounds.[20]
- Removes requirements for detailed descriptions of the nature of information or property targeted by the surveillance if the target is reasonably believed to be outside the country.[20]
- Increased the time for warrantless surveillance from 48 hours to 7 days, if the FISA court is notified and receives an application, specific officials sign the emergency notification, and relates to an American located outside of the United States with probable cause they are an agent of a foreign power. After 7 days, if the court denies or does not review the application, the information obtained cannot be offered as evidence. If the United States Attorney General believes the information shows threat of death or bodily harm, they can try to offer the information as evidence in future proceedings.[21]
- Permits the Director of National Intelligence and the Attorney General to jointly authorize warrantless electronic surveillance, for one-year periods, targeted at a foreigner who is abroad. This provision will sunset on December 31, 2012.
- Requires FISA court permission to target wiretaps at Americans who are overseas.
- Requires government agencies to cease warranted surveillance of a targeted American who is abroad if said person enters the United States. (However, said surveillance may resume if it is reasonably believed that the person has left the States.)
- Prohibits targeting a foreigner to eavesdrop on an American's calls or e-mails without court approval. [22]
- Allows the FISA court 30 days to review existing but expiring surveillance orders before renewing them.
- Allows eavesdropping in emergencies without court approval, provided the government files required papers within a week.
- Prohibits the government from invoking war powers or other authorities to supersede surveillance rules in the future.
- Requires the Inspectors General of all intelligence agencies involved in the President's Surveillance Program to "complete a comprehensive review" and report within one year
- The provisions of the Act granting immunity to the complicit telecoms create a roadblock for a number of lawsuits intended to expose and thwart the alleged abuses of power and illegal activities of the federal government since and before the September 11 attacks.[citation needed]
- Allows the government to conduct surveillance of "a U.S. person located outside of the U.S. with probable cause they are an agent of a foreign power" for up to one week (168 hours) without a warrant, increased from the previous 48 hours, as long as the FISA court is notified at the time such surveillance begins, and an application as usually required for surveillance authorization is submitted by the government to FISA within those 168 hours[21]
ReRe
(10,597 posts)...that's allot of info! Thanks for posting it!
Demeter
(85,373 posts)It doesn't matter if it's illegal, immoral, or fattening. It's real, clear and present danger to every person in this country and most of those abroad. Our rights and liberties are null and void.
With the Constitution shredded and canned, (with the possible exception of the 2nd amendment and, of course, the Citizens United ruling), we are a nation without law. Just plenty of orders, as in "I was only following..."
SlimJimmy
(3,184 posts)Monkie
(1,301 posts)tblue
(16,350 posts)We are so hosed.
cantbeserious
(13,039 posts)eom
nashville_brook
(20,958 posts)JaneyVee
(19,877 posts)jsr
(7,712 posts)Obama, the big data president
By Nancy Scola