Declassified Memos Show Obama's NSA Spied On Americans Way More Than You Thought

Back in May the Foreign Intelligence Surveillance Court (FISA) found that the National Security Agency (NSA), under former President Obama, routinely violated American privacy protections while scouring through overseas intercepts and failed to disclose the extent of the problems until the final days before Donald Trump was elected president last fall.   

"The October 26, 2016 Notice disclosed that an NSA Inspector General (IG) review...indicated that, with greater frequency than previously disclosed to the Court, NSA analysts had used U.S.-person identifiers to query the result of Internet "upstream" collection, even though NSA's section 702 minimization procedures prohibited such queries...this disclosure gave the Court substantial concern."

FISA

 

The court order went on to reveal that NSA analysts had been conducting illegal queries targeting American citizens "with much greater frequency than had previously been disclosed to the Court"...an issue which the court described as a "very serious Fourth Amendment issue."

"Since 2011, NSA's minimization procedures have prohibited use of U.S.-person identifiers to query the results of upstream Internet collection under Section 702.  The October 26, 2016 Notice informed the Court that NSA analysts had been conducting such queries in violation of that prohibition, with much greater frequency than had previously been disclosed to the Court."

 

"At the October 26, 2016 hearing, the Court ascribed the government's failure to disclose those IG and OCO reviews at the October 4, 2016 hearing to an institutional 'lack of candor' on NSA's part and emphasized that 'this is a very serious Fourth Amendment issue.'"

FISA

 

Now, new memos obtained by the American Civil Liberties Union (ACLU) via a FOIA request detail even more violations that occurred during the Obama administration which include everything from illegally survielling people on U.S. soil to sharing unredacted documents that included unmasked names of American citizens.  The Hill reviewed the memos and offered the following summary details:

For instance, the government admitted improperly searching NSA’s foreign intercept data on multiple occasions, including one instance in which an analyst ran the same search query about an American “every work day” for a period between 2013 and 2014.

 

There also were several instances in which Americans’ unmasked names were improperly shared inside the intelligence community without being redacted, a violation of the so-called minimization procedures that President Obama loosened in 2011 that are supposed to protect an Americans' identity from disclosure when they are intercepted without a warrant. Numerous times improperly unmasked information about Americans had to be recalled and purged after the fact, the memos stated.

 

“CIA and FBI received unminimized data from many Section 702-tasked facilities and at times are thus required to conduct similar purges,” one report noted.

 

“NSA issued a report which included the name of a United States person whose identity was not foreign intelligence,” said one typical incident report from 2015, which said the NSA eventually discovered the error and “recalled” the information.

 

Likewise, the FBI disclosed three instances between December 2013 and February 2014 of “improper disseminations of U.S. persons identities.”

Samples of other violations included:

  • Numerous “overcollection incidents” where the NSA gathered information about foreigners or Americans it wasn’t entitled to intercept
  • “Isolated instances in which NSA may not have complied with the documentation requests” justifying intercepts or searches of intercepted data.
  • The misuse of “overly broad” queries or specific U.S. person terms to search through NSA data.
  • Failures to timely purge NSA databases of improperly collected intelligence, such as a 2014 incident in which “NSA reported a gap in its purge discovery processes.”

Americans should be alarmed that the NSA is vacuuming up their emails and phone calls without a warrant,” said Patrick Toomey, an ACLU staff attorney in New York who helped pursue the FOIA litigation. “The NSA claims it has rules to protect our privacy, but it turns out those rules are weak, full of loopholes, and violated again and again.”

“If I were still in Congress today, I might vote with the people today to shut the program down or curtail it,” Hoekstrak, who has been tapped by Trump to be ambassador to the Netherlands, said in an interview.

Of course, the NSA would like for you to take solace in the fact that they spy on you so much that the 1,000's of reported violations only amount to ~1% of the estimated "taskings."

In annual and quarterly compliance reports that have been released in recent years, U.S. intelligence agencies have estimated the number of Section 702 violations has averaged between 0.3 percent and 0.6 percent of the total number of “taskings.” A tasking is an intelligence term that reflects a request to intercept a specific phone number or email address.

 

“Quite simply, a compliance program that never finds an incident is not a robust compliance program,” said Michael T. Halbig, the NSA’s chief spokesman. “…The National Security Agency has in place a strong compliance program that identifies incidents, reports them to external overseers, and then develops appropriate solutions to remedy any incidents.”

Though we do wonder whether our government would be as dismissive if American citizens just decided to keep 1% of the taxes they owe each year...somehow we suspect the IRS wouldn't be so forgiving of such a 'small' error-rate.

 

Comments

BullyBearish espirit Wed, 07/26/2017 - 10:21 Permalink

trumpanyahoo likes the surveillance, thinks it will ensure loyalty...good for him, bad for ustrumpanyahoo likes low interest rates, wants a worthless dollar...good for him, bad for ustrumpanyahoo likes massive military spending, makes us strong...good for him, bad for us tell me again how he is any different on the issues that REALLY matter?

In reply to by espirit

Chupacabra-322 JSBach1 Wed, 07/26/2017 - 11:12 Permalink

The National Security Elimination Act of 2017

can't come fast enough.

Not only should the Criminals at the NSA be immediately arrested & the entire Criminlal Agency shut down.

What is more concerning, Chilling & alarming is the Pure Evil War Criminal Treasonous Seditious Psychopaths at the CIA #Vault7 with identical spying tools like UMBRAGE which Mirror the abilities of the NSA.

It's literally become Spy Vs. Spy with these Crime Syndicate.

In reply to by JSBach1

GUS100CORRINA Chupacabra-322 Wed, 07/26/2017 - 11:19 Permalink

Declassified Memos Show Obama's NSA Spied On Americans Way More Than You ThoughtMy response: So many people have written and spoken about the TREASONOUS CRIMES of the OBAMA ADMINISTRATION. Yet, no action from the DOJ and the FBI.America must be a BANANA REPUBLIC where the ELITE are ABOVE THE LAW.Now hear this ELITE: YOU ARE NOT ABOVE THE LAW. The evidence that this is TRUE is FOUND in the MAGNA CARTA.Definition of Magna Carta. 1 : a charter of liberties to which the English barons (THE PEOPLE) forced King John (THE ELITE and HIGH RANKING OFFICIALS) to give his assent in June 1215 at Runnymede. 2 : a document constituting a fundamental guarantee of rights and privileges.

In reply to by Chupacabra-322

Shitonya Serfs Chupacabra-322 Wed, 07/26/2017 - 11:32 Permalink

I like The National Security Elimination Act of 2017, but let's also have The National Privacy Act of 2017.

Eliminate all scooping up of personal information from FB, GOOG, AMZN, NTFX, etc. in the name of Marketing/Advertising (which just means collecting personal/private info on everyone and funneling it to GOV).

If this FOIA crap shows how much info the GOV has, imagine how much info FB/GOOG/AMZN have. And we don't get to see any of it. You know, because of "Trade Secrets" and such.

Let's see the full invoices of these "Advertising" payments made to each of these companies. Bet a full audit would show they only get a fraction of their reported Advertising revenues. The rest is from GOV checks.

Then strip these tech-spys of their wealth, their spawns' wealth, claw back every hidden penny distributed to their "Charities", "Trusts", or "Foundations" and send that money directly back to ALL the people whose personal data was collected used as currency to finance these scumbags.

Gotta run. Time to order more shit from AMZN on my GOOG spy-phone.

In reply to by Chupacabra-322

JSBach1 Chupacabra-322 Wed, 07/26/2017 - 12:00 Permalink

What really needs to happen, and I hope people do not grow a blind eye to it, is that an investigation spanning Bush-Obama terms should interrogate the devolution of this ominous act, disguised in sheep's clothing, and pin-point where, how, by whom, and to what degree these foreseeable abuses took place.Without such an exercise we may never rid ourselves entirely of its clutches, notwithstanding the National Security Elimination Act of 2017 you mentioned or any other proposed legislation.

In reply to by Chupacabra-322

JSBach1 Winston Churchill Thu, 07/27/2017 - 01:55 Permalink

@Winston:
The mere expansion of electronic surveillance whIe minimizing court oversight would give one second thoughts at the very least, notwithstanding the various other expansions and infractions including those in the sunset-provision. What is clear is that 911 gave the government both the incentive as well as the opportunity to further its unscrupulous reach.

In reply to by Winston Churchill

Simplifiedfrisbee Mtnrunnr Wed, 07/26/2017 - 12:59 Permalink

Stupid racist morons. So when the Bush administration spied, the right was all for it citing patriotism and freedom ain't free! But when the Obama administration spied, it's considered a Muslim, black, evil take over. Stupid fools! I love how ignorant you lizards are.

The right wing oligarch internet propaganda is here. Fuck you Tylers! Russian piece of shit.

In reply to by Mtnrunnr

Jayda1850 Wed, 07/26/2017 - 10:00 Permalink

And Trump is all for keeping this surveillance. Trump supporters use the same line as Obama supporters: "Well if you have nothing to hide."  Hypocrites.

SybilDefense Stan522 Wed, 07/26/2017 - 14:00 Permalink

Do not discount the repeal of the Smith Mundt Act in July 2013 (Obama term 2), allowing propaganda to be used on American soil, effectively creating the fake news eruption to as Obama often said "to shape the American Public".  R Mac Thornberry snuck this bill in and is a huge proponent of increased US surveillance on US soil.  All for the greater good.  Have a look at this "freedom fighter's" voting record. 

In reply to by Stan522