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Behind the NSA Warrantless Surveillance Program

Seymour Hersh in the New Yorker has a new column today on the NSA warrantless surveillance program.

"This is not about getting a cardboard box of monthly phone bills in alphabetical order," a former senior intelligence official said. The Administration's goal after September 11th was to find suspected terrorists and target them for capture or, in some cases, air strikes. "The N.S.A. is getting real-time actionable intelligence," the former official said.

The N.S.A. also programmed computers to map the connections between telephone numbers in the United States and suspect numbers abroad, sometimes focussing on a geographic area, rather than on a specific person--for example, a region of Pakistan. Such calls often triggered a process, known as "chaining," in which subsequent calls to and from the American number were monitored and linked. The way it worked, one high-level Bush Administration intelligence official told me, was for the agency "to take the first number out to two, three, or more levels of separation, and see if one of them comes back"--if, say, someone down the chain was also calling the original, suspect number. As the chain grew longer, more and more Americans inevitably were drawn in.

As to the legality:

"It's the unresolved tension between the operators saying, 'Here's what we can build,' and the legal people saying, 'Just because you can build it doesn't mean you can use it.' " It's a tension that the President and his advisers have not even begun to come to terms with.

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  • Just some thoughts that may have been discussed before on the site: Legally speaking, wouldn't this be similar to the installation of a device like a pen register on a line? Granted it is on a much larger scale, and they may also be collecting additional information like call lengths, it seems to analogize to that. With that in mind, wouldn't this also be completely legal (yet despicable)? Is there any sort of jurisprudence limiting what can be done with information collected from warrantless collection of call records?

    Re: Behind the NSA Warrantless Surveillance Progra (none / 0) (#2)
    by killer on Mon May 22, 2006 at 10:00:27 AM EST
    This might be mis-direction, even if true. We have been hearing about an NSA program that was halted around 9/11, that tracked all of this data while in encripted form. Apparently, this "killer app" would only allow data to be unencripted after the connections had passed some threshhold. I mention this because people in power may not want the existence of the previous application to become common public knowledge. Because with the previous application, they can't sift the raw data(to pull anything they want from whoever they want)beacuse it's encripted before they get it.

    Re: Behind the NSA Warrantless Surveillance Progra (none / 0) (#3)
    by scribe on Mon May 22, 2006 at 10:45:08 AM EST
    But, we're supposed to trust the government to do the right thing and never make mistakes and not use our information for nefarious purposes, and the government employees are absolutely trustworthy with all that personal data. Right. They'll never do anything wrong with the information.

    This strikes me as a really good way for Pizza Hut to end up on a terrorist watch list.

    Re: Behind the NSA Warrantless Surveillance Progra (none / 0) (#5)
    by jimakaPPJ on Mon May 22, 2006 at 05:32:51 PM EST
    scribe - I loved KOS's poll, who is responsible.. We find the choices to be the VA, FBI, George Bush or no one in DC... I mean what the (*)*)_$? This has got to be an attempt at humor, although I can't remember any before... It occurs to me that the person responsible is the guy who stole the data. Subject data btw - is necessary for such mundane tasks as paying retirement, medical benefits, etc.