Released Documents Show More Section 702 Violations By The NSA – Techdirt

Always lawful and subject to strict oversight. Those are the NSA's defenses any time someone leaks something about its surveillance programs or obtains documents indicating abuse of snooping powers. It gets a little old when it's document after document showing the astonishing breadth of the NSA's surveillance programs or the continual abuse and misuse of these powers.

The Hill has dug through some recently-released documents and memos from the NSA which show long-term abuse of surveillance programs. The NSA recently ditched part of its Section 702 collection because it just couldn't stop hoovering up Americans' communications. This was "incidental," according to the NSA, and supposedly impossible to stop. But the incidents detailed in these documents suggest a lot of over-collection happened because no one noticed and, if anyone did, no one cared.

They detail specific violations that the NSA or FBI disclosed to the Foreign Intelligence Surveillance Court or the Justice Department's national security division during President Obamas tenure between 2009 and 2016. The intelligence community isn't due to report on compliance issues for 2017, the first year under the Trump administration, until next spring.

The NSA says that the missteps amount to a small number less than 1 percent when compared to the hundreds of thousands of specific phone numbers and email addresses the agencies intercepted through the so-called Section 702 warrantless spying program created by Congress in late 2008.

This is about the only place where any American can become part of the "one percent:" as the unwitting subject of NSA surveillance. NSA spokesman Michael Halbig says evidence of misuse is a sign the oversight is working. But oversight is also supposed to aid in prevention, not just detection of past misuse. And the NSA's internal oversight isn't nearly as "robust" as Halbig attempts to portray it.

The Hill reviewed the new ACLU documents as well as compliance memos released by the NSA inspector general and identified more than 90 incidents where violations specifically cited an impact on Americans. Many incidents involved multiple persons, multiple violations or extended periods of time.

For instance, the government admitted improperly searching the NSAs foreign intercept data on multiple occasions, including one instance in which an analyst ran the same search query about an American every work day for a period between 2013 and 2014.

The NSA also passed on intel to the FBI and CIA without properly minimizing it and made other dissemination errors. The documents show the NSA was also slow to inform other agencies of its minimization failures. Notification is supposed to made within five days of discovery, but in some cases it took the NSA more than three months to inform intel recipients of the error.

This information has been released at a critical time for the NSA. Section 702 powers are sunsetting this year and could be subject to additional modifications prior to their renewal. The FBI --perhaps even more than the NSA -- is looking for a clean reauthorization of Section 702 programs. This administration favors a clean re-auth, which means complaints about a 1% violation rate aren't likely to change anyone's mind. But 1% of several hundred million yearly searches is still a very large number of violations. If Google or Microsoft suffered a breach affecting the privacy of 1% of its users, it would be a huge problem even if the number of affected accounts amounted to a rounding error.

Former House Intelligence Committee Chair Pete Hoekstra -- a former surveillance state cheerleader -- now worries the NSA's collection powers have increased far past the point of reason. As he points, 1% simply isn't an acceptable failure rate.

One percent or less sounds great, but the truth is 1 percent of my credit card charges dont come back wrong every month. And in my mind one percent is pretty sloppy when it can impact Americans privacy.

More here:
Released Documents Show More Section 702 Violations By The NSA - Techdirt