Anyone who has followed my blog for any amount of time knows this information is not surprising to me in the slightest. My opinion is this is pre emptive damage control. They are guilty of far more than what the admit here.
From today’s Washington Post. I will add I do not trust the motivations for this story. I feel like they are beholden to too many special interests and are reliant on special access that the Govt. provides. Der Spiegal and The Guardian and some other foreign papers seem to be doing a good job covering this.
I will add the idea the secret FISA courts not being aware of certain programs is as troubling as there being secret courts with secret laws anyhow.
The National Security Agency has broken privacy rules or overstepped its legal authority thousands of times each year since Congress granted the agency broad new powers in 2008, according to an internal audit and other top-secret documents.
Most of the infractions involve unauthorized surveillance of Americans or foreign intelligence targets in the United States, both of which are restricted by statute and executive order. They range from significant violations of law to typographical errors that resulted in unintended interception of U.S. e-mails and telephone calls.
The documents, provided earlier this summer to The Washington Post by former NSA contractor Edward Snowden, include a level of detail and analysis that is not routinely shared with Congress or the special court that oversees surveillance. In one of the documents, agency personnel are instructed to remove details and substitute more generic language in reports to the Justice Department and the Office of the Director of National Intelligence.
I will add that NPR this morning said the NSA is responsible for 32 petaflops (they may have been mistaken and meant terrabytes)of data –not a year..not a month… Not a week.. But every day. You cannot convince me they are not breaking the law thousands of times every millisecond.
Glenn Greenwald has another fairly new article about the NSA. Specifically this time he is going after Gen. Hayden who has been the mouthpiece of the NSA since these leaks first became public. The fact the US media is not reporting the details behind him are disturbing to say the least.
In 2006, the New York Times won the Pulitzer Prize for having revealed that the NSA was eavesdropping on Americans without warrants. The reason that was a scandal was because it was illegal under a 30-year-old law that made it a felony, punishable by up to 5 years in prison for each offense, to eavesdrop on Americans without those warrants. Although both the Bush and Obama DOJs ultimately prevented final adjudication by raising claims of secrecy and standing, and the “Look Forward, Not Backward (for powerful elites)” Obama DOJ refused to prosecute the responsible officials, all three federal judges to rule on the substance found that domestic spying to be unconstitutional and in violation of the statute.
The person who secretly implemented that illegal domestic spying program was retired Gen. Michael Hayden, then Bush’s NSA director. That’s the very same Michael Hayden who is now frequently presented by US television outlets as the authority and expert on the current NSA controversy – all without ever mentioning the central role he played in overseeing that illegal warrantless eavesdropping program.
As Marcy Wheeler noted: “the 2009 Draft NSA IG Report that Snowden leaked [and the Guardian published] provided new details about how Hayden made the final decision to continue the illegal wiretapping program even after DOJ’s top lawyers judged it illegal in 2004. Edward Snowden leaked new details of Michael Hayden’s crime.” The Twitter commentator sysprog3 put it this way:
Inviting Hayden to comment on regulation of surveillance is like having Bernie Madoff comment on regulation of Wall Street.”
But inviting Hayden to do exactly that is what establishment media outlets do continually. Just yesterday, Face the Nation featured Hayden as the premiere guest to speak authoritatively about how trustworthy the NSA is, how safe it keeps us, and how wise President Obama is for insisting that all of its programs continue. As usual, no mention was made of the role he played in secretly implementing an illegal warrantless spying program aimed directly at the American people. As most establishment media figures do when quivering in the presence of national security state officials, the supremely sycophantic TV host Bob Schieffer treated Hayden like a visiting dignitary in his living room and avoided a single hard question.
But worse than the omission of Hayden’s NSA history is his current – and almost always unmentioned – financial stake in the very policies he is being invited to defend. Hayden is a partner in the Chertoff Group, a private entity that makes more and more money by increasing the fear levels of the US public and engineering massive government security contracts for their clients. Founded by former Homeland Security secretary Michael Chertoff, it’s filled with former national security state officials who exploit their connections in and knowledge of Washington to secure hugely profitable government contracts for their clients. As the Huffington Post’s Marcus Baram reported:
Pulitzer prize winning article from NY Times in 2005!
WASHINGTON, Dec. 15 – Months after the Sept. 11 attacks, President Bush secretly authorized the National Security Agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the court-approved warrants ordinarily required for domestic spying, according to government officials.
Under a presidential order signed in 2002, the intelligence agency has monitored the international telephone calls and international e-mail messages of hundreds, perhaps thousands, of people inside the United States without warrants over the past three years in an effort to track possible “dirty numbers” linked to Al Qaeda, the officials said. The agency, they said, still seeks warrants to monitor entirely domestic communications.
LINK OF THE DAY-National Security Archive
Here is an example of what you can find.
Science, Technology and the CIA
FISA court admits it cannot monitor NSA
The Obama administration’s claim that the NSA is not spying on Americans rests on a fundamental assertion: That the intelligence agency is so good at distinguishing between innocent people and evildoers, and is so tightly overseen by Congress and the courts, that it doesn’t routinely collect the communications of Americans en masse.
We now know that’s not true. And we shouldn’t be surprised. The question is, why won’t the NSA admit it?
On Thursday night, the Washington Post released a classified audit of NSA’s intelligence-gathering systems, showing they are beset by human error, fooled by moving targets, and rely on so many different servers and databases that NSA employees can’t keep tabs on all of them.
It had been previously reported that the NSA had unintentionally collected the communications of Americans, in violation of court orders, as it swept up electronic signals in foreign countries. But officials had sought to portray those mistakes as limited, swiftly corrected, and not affecting that many people.
One of the reasons that the NSA has been able to gather so much power is that the agency has built a reputation over the years for super-smarts and hyper-competence. The NSA’s analysts weren’t just the brainiest guys in the room, the myth went; they were the brightest bulbs in the building. The NSA’s hackers could penetrate any network. Their mathematicians could unravel any equation. Their cryptologists could crack any cipher. That reputation has survived blown assignments and billion-dollar boondoggles. Whether it can outlast these latest revelations is an open question.