“The documents show that even under authorities governing the collection of foreign intelligence from foreign targets, US communications can still be collected, retained and used.”
The NSA procedures (two documents linked below) approved by the FISA court were signed off by Eric Holder. So much for the Fourth Amendment when we have a government who will stand by their argument that this is “all for your security”. I thought the war on terror was over, so why all the surveillance? For the record it hasn’t been that effective with the numerous attacks on US soil, then again it’s meant to watch us, we dissidents, objectors, thought criminals!
Revealed: the top secret rules that allow NSA to use US data without a warrant
Document one: procedures used by NSA to target non-US persons
Document two: procedures used by NSA to minimise data collected from US persons
by Glenn Greenwald and James Ball | Guardian
Top secret documents submitted to the court that oversees surveillanceby US intelligence agencies show the judges have signed off on broad orders which allow the NSA to make use of information “inadvertently” collected from domestic US communications without a warrant.
The Guardian is publishing in full two documents submitted to the secret Foreign Intelligence Surveillance Court (known as the Fisa court), signed by Attorney General Eric Holder and stamped 29 July 2009. They detail the procedures the NSA is required to follow to target “non-US persons” under its foreign intelligence powers and what the agency does to minimize data collected on US citizens and residents in the course of that surveillance.
The documents show that even under authorities governing the collection of foreign intelligence from foreign targets, US communications can still be collected, retained and used.
The procedures cover only part of the NSA’s surveillance of domestic US communications. The bulk collection of domestic call records, as first revealed by the Guardian earlier this month, takes place under rolling court orders issued on the basis of a legal interpretation of a different authority, section 215 of the Patriot Act.
The Fisa court’s oversight role has been referenced many times by Barack Obama and senior intelligence officials as they have sought to reassure the public about surveillance, but the procedures approved by the court have never before been publicly disclosed.
The top secret documents published today detail the circumstances in which data collected on US persons under the foreign intelligence authority must be destroyed, extensive steps analysts must take to try to check targets are outside the US, and reveals how US call records are used to help remove US citizens and residents from data collection.
However, alongside those provisions, the Fisa court-approved policies allow the NSA to:
â€¢ Keep data that could potentially contain details of US persons for up to five years;
â€¢ Retain and make use of “inadvertently acquired” domestic communications if they contain usable intelligence, information on criminal activity, threat of harm to people or property, are encrypted, or are believed to contain any information relevant to cybersecurity;
â€¢ Preserve “foreign intelligence information” contained within attorney-client communications;
â€¢ Access the content of communications gathered from “U.S. based machine[s]” or phone numbers in order to establish if targets are located in the US, for the purposes of ceasing further surveillance.