[Rushtalk] So, does NSA have CONTENT of your calls, emails or not?

John A. Quayle blueoval57 at verizon.net
Mon Jun 10 23:41:22 MDT 2013


Yes, NSA has content of phone calls, emails

Intelligence collection not limited to 'metadata'

Published: 6 hours ago
  <http://www.wnd.com/author/mmaloof/>F. Michael 
Maloof About | <mailto:mmaloof at wnd.com>Email | 
F. Michael Maloof, staff writer for WND and 
G2Bulletin, is a former senior security policy 
analyst in the office of the secretary of defense.
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WASHINGTON ­  The National Security Agency 
already has access to all the content of 
intercepted emails and phone calls, not just the 
“metadata” such as who contacted who, when and 
where, Defense sources have told WND.

The sources confirm President Obama’s effective 
Friday that the government is indeed collecting the content of calls.

reported, Obama said that “if anybody in 
government wanted to go further than just that 
top-line data and wanted to, for example, listen 
to Jackie Calmes’ phone call, they’d have to go 
back to a federal judge and, and, and indicate 
why, in fact, they were doing further – further probing.”

The president essentially said the NSA has access 
to the content and he is asking the public to 
trust the spy agency would go to a judge for 
permission if it wanted to look at it.

Making matters worse, there are people in the 
intelligence community who “aren’t concerned 
about the law or their oaths,” a Department of 
Defense intelligence training officer told WND.

As debate rages over revelations of U.S. 
government secret surveillance of U.S. citizens’ 
phones and emails, the U.S. military is 
reinforcing training of intelligence officers on 
existing laws and executive orders regarding limits to spying on U.S. citizens.

One DOD source said 
Advocate General, or JAG, officers are going 
around lecturing officers on intelligence 
oversight which covers the ground rules for the 
military on the collection and storage of intelligence on U.S. citizens.

Such rules and procedures for the military stem 
from Executive Order 12333. It outlines the 
goals, activities, responsibilities and conduct 
of intelligence activities related to the national intelligence process.

An all-inclusive order on the intelligence 
process, it applies to all military services as 
well as all federal and state defense 
organizations conducting intelligence operations.

After the EO was signed by President Ronald 
Reagan on Dec. 4, 1981, the Department of Defense 
issued a Department of Defense Directive 5240.1R, 
which sets out procedures to enforce EO 12333.

It details procedures for the collection, 
retention and dissemination of intelligence 
gathered about U.S. citizens. Like the EO, the 
DOD directive applies to all federal and state 
defense organizations that conduct intelligence operations.

All such agencies handling classified information 
have developed regulations similar to the DOD for 
implementing the executive order.

According to informed sources, military 
intelligence can collect information on a U.S. 
citizen under special circumstances. It is 
supposed to be highly regulated and over a very 
limited time with regular review.

The investigative arms of the military services 
such as the Air Force’s Office of Special 
Investigations, the Army’s 
Investigations Command and the Navy’s Naval 
Criminal Investigative Service tend to be “dual-hatted.”

This means they can conduct criminal 
investigations on members of their respective 
services and collect data on where those 
investigations lead outside their immediate 
purview. In addition, they can handle 
intelligence, which then makes their conduct in 
the use of that information, especially data 
gathered on U.S. citizens, even more subject to scrutiny.

Given the clarity of the regulations that govern 
the handling of intelligence gathering on U.S. 
citizens, concern and perhaps confusion have 
developed over the authority of the National 
Security Agency, or NSA, to collect data on U.S. citizens.

Under the rules of the road, the NSA – a DOD 
component and subject to EO 12333 and DODD 
5240.1R – must go before a top secret court every 
three months and request authority to collect all telephone and email data.

The policy came about after 9/11. The Bush 
administration initially had instituted 
surveillance based on presidential powers to 
monitor calls between Americans and suspected terrorists abroad.

Then, Congress amended the existing law on 
wiretapping by intelligence agencies ­ the 1978 
Foreign Intelligence Surveillance Act (FISA) ­ 
that gave legislative authority for the program 
and required supervision by the special secret court the 1978 act established.

While the collection is supposed to cover only 
phone numbers and location and time of calls, or 
looking up and even identifying the subject of 
what is being viewed on emails, the NSA already 
has all the content. Technically, the NSA would 
need a court order to look at the content but 
invariably agents can and do readily access such 
information without a separate court order, sources report.

Consequently, the NSA has all the data on U.S. 
citizens’ phone calls and emails, particularly 
their content, with the risk that some of that 
data could be selectively released without authorization.

The development has raised the question of 
whether the Fourth Amendment of the Constitution 
is being violated. It guards against unreasonable searches and seizures.

The Fourth Amendment reads as follows:

The right of the people to be secure in their 
persons, houses, papers, and effects, against 
unreasonable searches and seizures, shall not be 
violated, and no Warrants shall issue, but upon 
probable cause, supported by Oath or affirmation, 
and particularly describing the place to be 
searched, and the persons or things to be seized.

While a number of constitutional lawyers believe 
the actions of the NSA are in violation of the 
Fourth Amendment, there have been no means to 
challenge the collection of data in court due to 
the secrecy surrounding access to what has been 
collected by the intelligence community.

The selected release of highly private data 
became a separate issue recently in revelations 
surrounding the Internal Revenue Service. 
Selective information of various individuals and 
groups was released to their political opponents.

Numerous congressional and internal IRS 
investigations are under way, but for many U.S. 
citizens, trust and credibility have been seriously eroded.

A similar breach of trust also may be occurring 
within the U.S. intelligence community.

While the law and the regulations are clear, the 
DOD source involved in training intelligence 
officers acknowledged that there are “quite a few 
people in government that aren’t concerned about the law or their oaths.”

“I don’t remember that (EO) 12333 was overturned 
or rendered null and void,” the DOD source said, 
“and certainly nobody lower than the president 
can arbitrarily decide that intelligence 
oversight law was no longer applicable.”

Yet, there are reports now that the U.S. 
government intends to open a criminal 
investigation over who leaked NSA information to 
the press rather than deal with concerns over the 
potential for violation of U.S. citizens’ rights 
to privacy and access to private information without due process.

Is Congress doing enough to hold the Obama 
administration accountable to the Constitution and the people?
    * It's not Congress' job
    * When Congress is accountable to the 
Constitution and the people, maybe that would be a good role for it
    * No one needs to hold Obama accountable to 
the Constitution and the people. He already is
    * Are you kidding? All Congress does is 
investigate so-called administration 'scandals'
    * No, Congress is not doing enough
    * No, members of Congress just use the Obama 
administration scandals to deflect blame from themselves
    * No, both parties are to blame for the long-term loss of our liberty
    * No, in light of recent scandals, Congress 
must repeal the Patriot Act, which is the most 
unpatriotic legislation in American history
    * No, for once even the press is way ahead of Congress
    * No, Congress is all talk. The Republicans are afraid to act
    * No, Congress is full of power-hungry 
cowards who should be run out of office for 
allowing Obama to get away with all his crimes
    * No, not until articles of impeachment are 
drawn up will Congress be doing enough
    * Other

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