NSA Data : How It's Being Used

The Patriot Act continues to wreak its havoc on civil liberties. Section 213 was included in the Patriot Act over the protests of privacy advocates and granted law enforcement the power to conduct a search while delaying notice to the suspect of the search. Known as a “sneak and peek” warrant, law enforcement was adamant Section 213 was needed to protect against terrorism. But the latest government report detailing the numbers of “sneak and peek” warrants reveals that out of a total of over 11,000 sneak and peek requests, only 51 were used for terrorism. Yet again, terrorism concerns appear to be trampling our civil liberties.

Throughout the Patriot Act debate the Department of Justice urged Congress to pass Section 213 because it needed the sneak and peak power to help investigate and prosecute terrorism crimes “without tipping off terrorists.” In 2005, FBI Director Robert Mueller continued the same exact talking point, emphasizing sneak and peek warrants were “an invaluable tool in the war on terror and our efforts to combat serious criminal conduct.”
Continued at EFF

One of the more controversial provisions of the Patriot Act was to broaden the “sneak-and-peek” power for federal law enforcement officials. The provision allows investigators to conduct searches without informing the target of the search. We were assured at the time that this was an essential law enforcement tool that would be used only to protect the country from terrorism. Supporters argued that it was critical that investigators be allowed to look into the lives and finances of suspected terrorists without tipping off those terrorists to the fact that they were under investigation.
WaPost

WASHINGTON — The Obama administration is on the verge of permitting the National Security Agency to share more of the private communications it intercepts with other American intelligence agencies without first applying any privacy protections to them, according to officials familiar with the deliberations.

The change would relax longstanding restrictions on access to the contents of the phone calls and email the security agency vacuums up around the world, including bulk collection of satellite transmissions, communications between foreigners as they cross network switches in the United States, and messages acquired overseas or provided by allies.
NY Times

The wall separating “foreign” intelligence operations from domestic criminal investigations has finally, fully collapsed. The FBI now plans to act on a rule change initiated by the Bush administration and finally massaged into actionable policy by Obama: Soon, domestic law enforcement agencies like the FBI will be able to search through communications collected under the mysterious authority of executive order 12333. Now, FBI agents can query the NSA’s database of Americans’ international communications, collected without warrants pursuant to Section 702 of the 2008 FISA Amendments Act. That law put congress’ stamp of approval on the Bush administration’s warrantless wiretapping program, which was widely denounced as totalitarian when the New York Times‘ James Risen exposed it to the world in 2005.
PrivacySOS

This basically formalizes what was already happening under the radar. We’ve known for a couple of years now that the Drug Enforcement Administration and the IRS were getting information from the NSA. Because that information was obtained without a warrant, the agencies were instructed to engage in “parallel construction” when explaining to courts and defense attorneys how the information had been obtained. If you think parallel construction just sounds like a bureaucratically sterilized way of saying big stinking lie, well, you wouldn’t be alone. And it certainly isn’t the only time that that national security apparatus has let law enforcement agencies benefit from policies that are supposed to be reserved for terrorism investigations in order to get around the Fourth Amendment, then instructed those law enforcement agencies to misdirect, fudge and outright lie about how they obtained incriminating information — see the Stingray debacle. This isn’t just a few rogue agents. The lying has been a matter of policy. We’re now learning that the feds had these agreements with police agencies all over the country, affecting thousands of cases.
WPost

In other news, the Pentagon admitted this week that they’ve been deploying military drones over the United States for domestic surveillance purposes. Much like the NSA’s surveillance apparatus, we were assured that drones were for terrorists in faraway lands. Nothing so Orwellian would ever be used against ordinary American citizens at home. Yet here we are, with more to come.

DailySheeple

Now, despite this past revelation, and the fact that the NSA publicly announced that they were ending the very data-mining program that is now being expanded, the New York Times reports that NSA data will now be shared with other members of the Alphabet Mafia, such as the FBI or CIA, without first applying any screens for privacy. It could be considered that at least now the secret data-sharing and spying on the American public is being publicly acknowledged and done in the open, instead of being carried out in their typical clandestine manner. Yet there is something quite foreboding about the fact that the government no longer feels the need to hide this gross intrusion and violation of Americans’ rights. The Drug Enforcement Administration and the IRS have been getting information from the NSA for years now, and without a warrant.
Source

EFF recently received records in response to our Freedom of Information Act lawsuit against the Department of Justice for information on how the US Marshals—and perhaps other agencies—have been flying small, fixed-wing Cessna planes equipped with "dirtboxes”: IMSI catchers that imitate cell towers and are able to capture the locational data of tens of thousands of cell phones during a single flight. The records we received confirm the agencies were using these invasive surveillance tools with little oversight or legal guidance.
EFF