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NSA Admits To Warrantless Wiretapping According To House Judiciary Committee Member

Tyler Durden's picture




 

More confusion, or just more lies? You decide.

In an exchange first caught by CNET, Rep Gerrold Nadler, a New York Democrat, questioned FBI Director Robert Mueller late last week about the NSA surveillance programs.

Nadler asked Mueller if a warrant is needed to listen to the content of a domestic phone call. Mueller said a national security letter is needed to get subscriber info and a FISA warrant is needed to get content. Nadler said he was told the exact opposite.

At a closed door briefing earlier, Nadler had been told that  if the NSA wants "to listen to the phone," an analyst's decision is sufficient, without any other legal authorization required "I was rather startled," said Nadler, an attorney and congressman who serves on the House Judiciary committee. Nadler added that he was told that the contents of a phone call could be accessed "simply based on an analyst deciding that."

CNET adds more:

Not only does this disclosure shed more light on how the NSA's formidable eavesdropping apparatus works domestically, it also suggests the Justice Department has secretly interpreted federal surveillance law to permit thousands of low-ranking analysts to eavesdrop on phone calls.

 

Because the same legal standards that apply to phone calls also apply to e-mail messages, text messages, and instant messages, Nadler's disclosure indicates the NSA analysts could also access the contents of Internet communications without going before a court and seeking approval.

 

The NSA yesterday declined to comment to CNET. A representative said Nadler was not immediately available. (This is unrelated to last week's disclosure that the NSA is currently collecting records of the metadata of all domestic Verizon calls, but not the actual contents of the conversations.)

Watch the exchange below:

 

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Sun, 06/16/2013 - 16:34 | 3663217 logicalman
logicalman's picture

Don't teach your granny to suck eggs.

My first programming experience was Fortran and punch cards - 1969

I run Mac, Windoze and Linux, depending on what I want to do.

I'll stick with what I said.

Keeping personal info on a separate drive that is encrypted, that is only connected as needed, is much more secure than an encrypted partition.

 

Mon, 06/17/2013 - 10:25 | 3664720 smacker
smacker's picture

Dear Granny, then you'll know that your previous comment was a tad naive. Which is what I commented about, not your Fortran experience 1969. I won't go into my own l-o-n-g IT history but it beats yours, although I only messed with Fortran/Cobol/PL1/APL on SE school. And later messed with VM/REXX, although I had two guys doing the actual coding for me :-)

And presumably you'll also know that security is always an issue of horses-for-courses. In many situations, an encrypted partition is perfectly adequate. It always depends what you want to secure and who the intruders are.

HTH

Sun, 06/16/2013 - 11:48 | 3662635 Fix It Again Timmy
Fix It Again Timmy's picture

The entire Senate needs to be scrapped - self-important, ancient, dried-up and skanky blowhards whose major accomplishment each week in Washington, D.C. is having a good bowel movement, it's totally disgusting......

Sun, 06/16/2013 - 11:54 | 3662645 involuntarilybirthed
involuntarilybirthed's picture

"a national security letter" is needed to get subscriber info and "a FISA warrant" is needed to get content."

From NSA,     Subscriber info is authorized for collection, Undesigned excluded.    Signed

From FISA,    This warrant covers all requirements for content.  Undersignees excluded.    Signed

Next

Sun, 06/16/2013 - 11:55 | 3662646 jon dough
jon dough's picture

The Onion is a little too close to the truth.

Incoming drone in 3, 2, 1...

http://www.theonion.com/articles/nsa-assures-americans-that-prism-20-wil...

Sun, 06/16/2013 - 11:59 | 3662657 involuntarilybirthed
involuntarilybirthed's picture

Is the "Cloud" doomed? Will people/corps voluntarily send their data to unknown places?   

Sun, 06/16/2013 - 13:30 | 3662862 toady
toady's picture

Is the "Cloud" doomed?

No.

Will ll people/corps voluntarily send their data to unknown places?

Yes.

It's amazing how much personal info the sheep will give up trying to get a $50 best buys gift card.

"They promised they would send it after I gave them my SS number, but then another page asking for my mothers maiden name popped up. So I typed that in and..."

Sun, 06/16/2013 - 12:10 | 3662690 involuntarilybirthed
involuntarilybirthed's picture

In a perfect intelligence gathering world Cheney is right.  In a perfect tax collection world the IRS would not be..............  both have overstepped their constitutional duties (without overwatch) and trespassed on our liberties and so far without consequences and that is something much larger than an issue, situation, ooops and no one in the gov seems concerned except how it makes them look.  Most people see no means of recourse.  maybe they have designed a perfect system?

 

Sun, 06/16/2013 - 12:03 | 3662667 Downtoolong
Downtoolong's picture

The White House Chief of Staff Denis McDonough was tap dancing on Face The Nation this morning. What’s painfully obvious when listening to these high level bureaucrats is that not one of them has a clue what is actually going on at the ground level, “where the rubber meets the road” as they say. Yet, they talk like they have it all under control.

Just STFU asshole and show me my profile in the NSA system. I want to know exactly how I’ve been Classified. That’s my definition of Verify I'll decide whether to start trusting you again after I see that.

Sun, 06/16/2013 - 12:06 | 3662677 muleskinner
muleskinner's picture

Why should you question anything when you have a freshly inserted alien anal probe?

Everything is under control.

Obama's smarm is beyond the pale.

Obama is one stupid jackass, the dumb ass.  What a wasted opportunity he botched big time and such a disappointment for humanity.  

Sun, 06/16/2013 - 16:27 | 3663208 machineh
machineh's picture

He could still save us from the wrath of the gods by leaping into a volcano as a human sacrifice.

From Hawaii he came, to Hawaii shall he return.

Sun, 06/16/2013 - 12:07 | 3662680 Catullus
Catullus's picture

But Obama's well-crafted talking points told us REPEATEDLY that they weren't listening to our phone calls. it came from The Messiah's mouth.

Sun, 06/16/2013 - 12:11 | 3662695 topspinslicer
topspinslicer's picture

Treason. Execution. End of Story. Happy Father's Day.

 

Sun, 06/16/2013 - 12:17 | 3662711 Dewey Cheatum Howe
Dewey Cheatum Howe's picture

I am going to harp on this point because no one will fucking talk about it. The whole warrantless wiretapping and PRISM program the legal justifications they use for it was declared illegal and unconstitutional by a FISC court back in 2011. The Oreohouse and the DOJ had the court ruling sealed so no one can see it. Instead bringing the programs in compliance with the law they buried and ignored the court ruling and continued the programs as is.

http://freepatriot.org/2013/06/12/government-court-rules-prism-program-u...

You may have heard about the NSA-based PRISM program that’s been blowing up the web lately. What you probably haven’t heard, is that the secret Foreign Intelligence Surveillance Court ruled that it was unconstitutional. In 2011. 

 

Why hasn’t this come up before now? Simple, once the ruling made its way to the DOJ, they immediately moved to seal the judgement and keep it a secret from the American people. In a recent (and rare) public filing, the DOJ’s actions are made clear (if you have the patience to read all the way through it, that is).

 

So, let’s follow the chain of events here:

 

  1. NSA violates the 4th amendment by seizing electronic records without warrant or probable cause.
  2. “Secret” court rules that NSA’s actions are unconstitutional and violate said 4th amendment.
  3. DOJ gets wind of this, and immediately orders that this ruling should be kept a secret, lest the citizens find out that their government has been violating the bill of rights.

Yeah, that seems to be about the size of it. As if the DOJ hadn’t already lost the confidence of the American people, now we learn that they actively work to hide violations of the bill of rights. Nice.

 

The EFF is challenging it right now in court all links to EFF information and documents are embedded in the article.

https://www.eff.org/deeplinks/2013/06/government-says-secret-court-opini...

Government Says Secret Court Opinion on Law Underlying PRISM Program Needs to Stay Secret

In a rare public filing in the secret Foreign Intelligence Surveillance Court (FISC), the Justice Department today urged continued secrecy for a 2011 FISC opinion that found the National Security Agency's surveillance under the FISA Amendments Act to be unconstitutional.  Significantly, the surveillance at issue was carried out under the same controversial legal authority that underlies the NSA’s recently-revealed PRISM program.

EFF filed a suit under the Freedom of Information Act in August 2012, seeking disclosure of the FISC ruling

BTW in some rare good news the FISC court ruled against the DOJ and their weasel justifications and are allowing the case to continue.

DOJ's justification

https://www.eff.org/sites/default/files/filenode/doj_opposition_to_eff_m...

 

Motion granting the case to proceed foward

https://www.eff.org/document/fisc-opinion-and-order-granting-effs-motion

Sun, 06/16/2013 - 12:48 | 3662761 headless blogger
headless blogger's picture

It looks like they are using this "whistleblowing" event to get this out in the open and get it legalized in front of U.S. people. Already, mainstream is starting to publish reasons why the NSA spying is a good thing. I think this is going to take a step in more controlled direction. The people won't do anything about it; that has been proven by their lack of interest and action these last 12 years.

Obama is a puppet. But he's been resisting the drums to full blown war invasion with Syria/Iran. I don't believe he is now saber rattling about Syria to create a "distraction" from all these scandals. Just the opposite. He is beginning to cave from the pressure from the powerful groups that are working behind the curtain, who may be responsible for some of the "explosions" we've seen in the last month (a fertilizer plant, chemical plant, fire in CO, etc), as well as responsible for the Boston Bombing. The IRS/NSA/Benghazi exposures are being done to threaten Obama into "action" against Syria. God only knows what else these people will be doing, but that little fascist-phony traitor, Glenn Greenwald, knows that none of these exposures on these scandals will change anything, and so he keeps threatening to bring more of them "out in the open" (although the NSA spying has been known for years). The guy is doing his part in the pressuring of Obama to get him to attack the rest of the Middle East. Glenn Greenwald, and his handlers, are relying on people to not think this through.

Obama's Dilemma:

  1. If he caves completely to the pressures (from political opponents and terrorists) and attacks Syria, he knows Iran will be close behind and once we go there it means full blown World War III, and the death to perhaps billions of people.
  2. Or, if he continues to resist, he knows more American people will be innocent victims of bombings, explosions, and other "coincidental" and convenient tragedies....As well as face Impeachment when they continue to barage him and his Admin with more "scandals", even though none of those scandals will result in any real change. (I think the IRS might face some changes, but this will be minor and to appease the ignorant masses).
  3. If he resigns or is impeached he then turns over the keys to someone who will go into Syria blazing and make this all 100% worse than it already is.

Either way, Obama is screwed. I've never cared for Obama. But I always knew he would be used as a scapegoat to all the wealthy and elitist groups (who may have got him elected to serve that purpose).

by Hermes

Sun, 06/16/2013 - 13:32 | 3662868 FeralSerf
FeralSerf's picture

"Obama is a puppet." I agree.

"Obama's Dilemma" Puppets don't have dilemmas.

Maybe some of the puppet's strings have been broken?

Sun, 06/16/2013 - 12:22 | 3662723 Joebloinvestor
Joebloinvestor's picture

If they had the PRISM system they would have prevented the Lincoln assasination and the attack on Pearl Harbor.

However, they still didn't catch Bernie Madoff, the Boston bombers or Corzine.

Sun, 06/16/2013 - 13:36 | 3662874 FeralSerf
FeralSerf's picture

How could it have prevented the attack on Pearl Harbor?

American military intelligence knew before Dec. 7 that the Japanese were sending their fleet to Hawaii and all they did was make sure their own aircraft carriers were out to sea.

Sun, 06/16/2013 - 12:25 | 3662727 logicalman
logicalman's picture

It's not all that bad.....

The US government searched for detailed information on fewer than 300 phone numbers last year, according to a government paper. according to a story on BBC news site.

If you believe that, you will believe ANYTHING!

 

 

Sun, 06/16/2013 - 12:32 | 3662736 Dewey Cheatum Howe
Dewey Cheatum Howe's picture

Hope and change in action since it was higher before they seasonally adjusted the numbers. Inverted Marxist hedonistic adjustments in action.

Sun, 06/16/2013 - 12:26 | 3662731 Icantstopthinki...
IcantstopthinkingaboutNINJAs's picture

So is the end around here:

 

The US Govt will create an oversight committee that will nationalize the internet's backbone and lease it back to the companies that previously owned it for $1 / year, only to add the disclaimer in the Terms of Service: " All communications will be monitored for quality assurance purposes" when you sign up with your cable, satellite or DSL internet provider?

Sun, 06/16/2013 - 14:24 | 3662968 gwar5
gwar5's picture

However they finish the job, doesn't matter to me.

 

I think they have already effectively nationalized the internet companies already and other key sectors fo the economy. If companies don't play they will be put out of business by government regulations or the squids. When they do play, they get fat government contracts and become members of the NWO team with boardroom seats to reward political apparachiks. Old school Soviet Style douchebags.

Sun, 06/16/2013 - 12:49 | 3662770 Sathington Willougby
Sathington Willougby's picture

More confusion, or just more lies?

Yes.

Sun, 06/16/2013 - 13:05 | 3662800 FiatFapper
FiatFapper's picture

Which is easier:

 

  1. collect ALL data as it happens and then run an algorithm to search for keywords
  2. search each incoming data element and flag keywords

To answer, let's compare what google does; they run their spider-bots every X days searching the entire web for websites and new content and stores each data element into their respective pigeon holes.

So it's easier to store data unconditionally and run a separate algorithm against that data.

In summary, they've been collecting huge swathes of data for many, many years and as computing power increases, they can extrapolate more pertinent info from the wealth of data.

Google has three distinct parts:

1 Googlebot, a web crawler that finds and fetches web pages.

2 The indexer that sorts every word on every page and stores the resulting index of words in a huge database.

3 The query processor, which compares your search query to the index and recommends the documents that it considers most relevant.

Sun, 06/16/2013 - 13:12 | 3662823 Chippewa Partners
Chippewa Partners's picture

Not even 3 dozen shot up in Chicago?   It must be Fathers Day up there too?  Down here in the A T L the chaos and confusion in the inner city is picking up steam.  Kids trying to find out who their Daddy is or mad about the NBA Finals?    Sick shit really.    So many who have walked away from being fathers, husbands and providers.  Let SNAP/EBT/welfare do the job instead.    It's headed downhill.    

Sun, 06/16/2013 - 13:16 | 3662832 spanish inquisition
spanish inquisition's picture

Makes you wokder about News of the World phone hacking scandal. Rupert would have the clout to get info from the GCHQ.

Sun, 06/16/2013 - 13:21 | 3662844 stinkhammer
stinkhammer's picture

choom!

Sun, 06/16/2013 - 13:43 | 3662891 FlipFlop
FlipFlop's picture

WTF. Is that America today?

It is so sad. America used to be a place to look, not it is gone.

What is left?

Sun, 06/16/2013 - 14:15 | 3662945 gwar5
gwar5's picture

The Left is what's left. The world's newest one party banana republic fascist state.    

 

Sun, 06/16/2013 - 13:48 | 3662898 lindaamick
lindaamick's picture

The fact is the US is a lawless state where anything goes when the action is done via some .gov agency or authorized contract company. 

There are no rules and charges and arrests are at the whim of whoever brings them.  The whole notion of "terrorist" is specious. 

I have tried to define that term and it seems like a terrorist is anybody who does something that somebody else disagrees with.

As far as the .gov definition of "terrorist" goes, I agree with Greenwald, that it is any person who does something against the US.  This now includes activists.

Sun, 06/16/2013 - 17:53 | 3663341 hooligan2009
hooligan2009's picture

As far as the .gov definition of "terrorist" goes, I agree with Greenwald, that it is any person who does something against the US.  This now includes activists.

not quite..it is any person who does anything against what .gov decides is against the US. This now includes anyone .gov chooses.

Sun, 06/16/2013 - 14:34 | 3662909 ThisIsBob
ThisIsBob's picture

This is for our safety.  It is very expensive.  We would be a whole lot safer and spend considerably less money if we stopped bopping around the world blowing people up.  We are hardly a force for good in the world.

Sun, 06/16/2013 - 14:25 | 3662971 ian807
ian807's picture

The funny thing is that all these congress critters, judges and high officials are assuming that they won't be the next NSA monitoring targets.

Or perhaps they know they already are, and therefore, skipped that meeting with Feinstein to "go home early."

Sun, 06/16/2013 - 17:51 | 3663335 hooligan2009
hooligan2009's picture

i think you miss the point..these "critters" have been "compromised" as all their dirty secrets are pwned by the FBI/NSA. they work for the FBI/NSA...they are not democratically elected officials..they are controlled democratically elected officials.

Sun, 06/16/2013 - 15:10 | 3663061 f16hoser
f16hoser's picture

Confusion! Obama has surrounded himself with the dumbest people on the planet. They in turn, surround themselves with dumber drooling morons. Simple really. Our education system sucks so the worker-pool is illiterate. BRILLINT! Just what the Queen ordered! Ahh Fuckit; where’s my musket?

Sun, 06/16/2013 - 16:06 | 3663176 FiatFapper
FiatFapper's picture

Obama has surrounded himself with the dumbest people on the planet

O RLY - Bills Hicks explaining the shadow men

Sun, 06/16/2013 - 16:40 | 3663222 machineh
machineh's picture

Okay, this thread was just a test of the emergency broadcast system:

Since the scandal broke, Nadler has walked back his comments in a statement. "I am pleased that the administration has reiterated that, as I have always believed, the NSA cannot listen to the content of Americans’ phone calls without a specific warrant," the New York Democrat told Buzzfeed's Andrew Kaczynski

http://news.yahoo.com/jerrold-nadler-does-not-think-nsa-listen-u-163036644.html

Had this been a real emergency, you would have received instructions for disabling your telephone ...

Sun, 06/16/2013 - 17:14 | 3663248 Offthebeach
Offthebeach's picture

Yeah, sure it's a tragedy, but a guy's got to eat, ya know? Milo Minderbinder.( ish )

Sun, 06/16/2013 - 18:40 | 3663445 hooligan2009
hooligan2009's picture

woops i posted this on the wrong thread..that must put me in to the NSA Prism duplicate poster pile!

i am rapidly coming to the conclusion that the current data flow monitoring across fibre optic cables and wireless transmissions by the NSA will evolve to the next stage of this drama (federal agency monitoring, access and interrogation of laptops, notepads, pcs and mobiles, since they already are forewarned of encryption routines by people like MacAfee) and that this is a given that will never be subject to democratic control or oversight...(because congress is already being prosecuted byt he NSA)...yes i know it sounds like a robert ludlum book..the Bancroft Foundation

there is no law covering the internet. the internet was ungovernable..now you just have to just pray that you aren't someone that a federal agent decides to classify as a "bad guy" and has you in aposition where you can be blackmailed to make you plea bargain a lessor charge than treason (though you might be innocent of any crime and still end up in jail for years).

Sun, 06/16/2013 - 19:41 | 3663584 Lady Heather...UNCLE
Lady Heather...UNCLE's picture

Mueller?  The Bush stooge Mueller?. BCCI involved Mueller?. Appointed to FBI 6 days before 9/11 Mueller?    Hang the prick!

Sun, 06/16/2013 - 19:43 | 3663585 ljag
ljag's picture

@stopthinking

Idon't know but I' ask.......he's my nephew

'

Sun, 06/16/2013 - 21:17 | 3663740 goldenbuddha454
goldenbuddha454's picture

I realized after watching all the people who I've viewed as being politically ok come on tv and say Snowden is a traitor that all the politicians, no matter what party affiliation are completely and totally out of touch with the American people.  None of them understand that freedom and free speech are the basic foundation of America.  All the major players in govt view threats to the govt. as being more harmful than threats to freedom and free speech.  They are completely out of touch.

Mon, 06/17/2013 - 08:22 | 3664373 Forgiven
Forgiven's picture

NSA Admits to Warrantless Wiretaps...where are the handcuffs?  Why are the perps not walking cuffed?  When the rule of law only serves those who rule, that is tyranny.  Break out the pitchforks, tar and feathers fellas.  If there is any trace of the Constitution remaining it's merely a mirage.

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