[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
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 Obamas 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, theyd 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 arent 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 Forces Office of Special
Investigations, the Armys
Investigations Command and the Navys 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 arent concerned about the law or their oaths.
I dont 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
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