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-   -   NSA phone database controversy (https://thetfp.com/tfp/tilted-politics/104492-nsa-phone-database-controversy.html)

loganmule 05-11-2006 09:23 PM

NSA phone database controversy
 
USA Today came out with an article revealing that the NSA had created a database consisting of call histories for millions of "ordinary Americans" not specifically targeted for suspected criminal activity. Here's an excerpt:

"The National Security Agency has been secretly collecting the phone call records of tens of millions of Americans, using data provided by AT&T, Verizon and BellSouth, people with direct knowledge of the arrangement told USA TODAY.

The NSA program reaches into homes and businesses across the nation by amassing information about the calls of ordinary Americans — most of whom aren't suspected of any crime. This program does not involve the NSA listening to or recording conversations. But the spy agency is using the data to analyze calling patterns in an effort to detect terrorist activity, sources said in separate interviews."

The link to the full article is here:

http://www.usatoday.com/news/washing...-nsa_x.htm?453


I don't know about anyone else, but I feel violated. If this doesn't propel Bush to record low numbers and take a number of his Republican colleagues down with him this fall, nothing will.

Willravel 05-11-2006 09:32 PM

Maybe if they open my mail and break into my home...THEN we'll all be safe from 'terrorism'. :rolls eyes:

How about that's never been a good excuse, and it's worn so thin that it's breaking? This is 1000 times worse than Watergate, and no one is being heald responsible. It makes me sick.

ObieX 05-11-2006 09:33 PM

I like how all the Republicans are now acting shocked and shout out about demanding "answers".. Hopefully people will see that it's too little and too late. They should have done these things months.. even years ago when it wasn't election time. Many of the ones who are schocked about the whole thing most likely were told about the activity and agreed with it a long long time ago. OMG, election time tho! gotta make it look like we're actually doing something! To the the podiums!

ObieX 05-11-2006 09:44 PM

Quote:

Originally Posted by willravel
Maybe if they open my mail and break into my home...THEN we'll all be safe from 'terrorism'. :rolls eyes:

How about that's never been a good excuse, and it's worn so thin that it's breaking? This is 1000 times worse than Watergate, and no one is being heald responsible. It makes me sick.


And whats worse is there's more and more crap thats dug up every day... and of course the lives that continue to be lost every single day for this administration. It really makes me sick too.

Sty 05-11-2006 11:09 PM

There's more insight and some good connections made on a post on arstechnica:

http://arstechnica.com/news.ars/post/20060511-6813.html

I find it quite unbelievable that when your congress sacks a program in its first step, the loosing side just renames the program, plays a little box game with powerpoint and it's like nothing happened at all.

Humanitarismus 05-12-2006 02:43 AM

I think it is also critical (in that constellation) that AT&T controls the biggest Backbone of the US. Here's a citation from a letter:

"AT&T owns and operates the largest Internet backbone in the United States and one of the largest worldwide. According to AT&T itself, “AT&T carries more combined data, voice, and Internet traffic than any other carrier in the U.S.: 675 trillion bytes (terabytes) and 300 million voice calls (average day).”1 SBC is the second largest wireline provider of local, long distance, voice, and data services in the United States. SBC also has controlling interest in the nation’s second largest wireless carrier. AT&T’s backbone is the largest Multi-Protocol Label Switching (“MPLS”) network. MPLS enables the network operator to prioritize packets, providing superior performance over the ordinary method of routing Internet traffic, which requires routing table look-ups for all packets routed.2 MPLS has a lower latency rate (the amount of time it takes a data packet to travel roundtrip between two points in the network) and packet loss rate than ordinary Internet routing. Thus, MPLS networks have a big advantage over “ordinary” Internet backbones."
http://www.comptelascent.org/public-...aug10_2005.pdf

If it is true that AT&T give the NSA access to this data which they deliver, they could do much more with data mining tools and enough computing power than they had ever been able to do before. This read is interesting:

http://www.wired.com/news/technology/0,70621-0.html

dksuddeth 05-12-2006 03:15 AM

"But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.-Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government."

host 05-12-2006 03:37 AM

The title of this forum does not lend itself to expressing a reaction as to what needs to happen next. We need to call this what it is....and express ourselves....rhetorically....if that means alone....in a rising chorus that swiftly achieves the numbers necessary to intimidate these *uckers into backing down and handing our country back to us...will have any appreciable effect. If not.... plan what to do next, only on payphones....

I posted my reaction, here:
http://www.tfproject.org/tfp/showthr...39#post2060939

I'm hoping that they are still "testing the waters", and if the 29 percent polling can be matched by a loud and determined, unrelenting resolve, maybe they'll blink.....I hope....

highthief 05-12-2006 04:00 AM

I'm suprised there has not, as yet, been violent rebellion in the US. Not to say the government needs to fall over this particular issue, but, IMO, if the same sequence of abuses or seeming abuses by the government were to occur in virtually any European nation, for example, there would be a degree of rioting and insurrection, as has been seen there many times before.

In the US (despite the whole 2nd amendment, freedoms, history of protest, etc) people are content to whine on the internet and hope that cursing Bush et al on a messageboard will somehow change things (not apoke at anyone here, just a general observation).

I find this interesting ...

The_Jazz 05-12-2006 04:45 AM

Wow, I stay away for a couple of days and come back to find dksuddeth advocating the overthrow of the government. It's almost an answer to the tree falling in the woods question. :)

And highthief, the chances of any violent rebellion happening in my lifetime in the US are diminishingly small. There's currently no rallying point for any of the dissenters or any mass organization towards deposing anyone. The vast majority of Americans would never support the destruction of the Constitution (although they'd probably change their minds quickly at the end of a gun), and the armed forces are simply too strong for anyone to make a direct attack. Trying to overthrow the US government would not only be pointless suicide, it would leave a negative legacy for the cause.

I actually thought about posting on this topic on my way to work on this morning. After reading the USA Today article, I'm starting to come to the conclusion that the Bush administration is making a direct attack on the 4th Amendment with this and warrantless wiretaps that the New York Times first reported on. Senator Lehey thinks that there are other programs that have yet to come to light with similar affronts to the 4th. There's also the issue that the Justice Department shut down their investigation into the wiretaps because they couldn't get security clearance to access the information - for the record, that's one part of the Executive Branch denying access to another. The White House certainly has some difficult duties in keeping us free from foreign terrorism, but to me it almost feels like there are police/NSA spies around every lamppost and listening to every phone call. I keep waiting for the court cases to start flying, but I haven't seen anything major yet, although the latest report is certainly too new for anyone to have done anything about.

Redlemon 05-12-2006 05:19 AM

(no message)

The_Jazz 05-12-2006 05:22 AM

But this is a suit against AT&T, not the federal government. It's possible that the decision could impact the NSA, but not necessarily.

Redlemon 05-12-2006 05:34 AM

Yeah, I misread it. That's why I deleted my post, but not quite fast enough.

stevo 05-12-2006 05:44 AM

I don't see the big deal (suprised?). Its not like they recorded the messages, or even the names of the callers. They have dates, times, and number to number. How is that invading anyones privacy? I don't feel as if my privacy has been violated. So the feds know this number called that number, big deal. They take the data, run some algorithms and see if there's a suspect pattern. If there is they investigate it a bit further and make sure its not related to terrorism. I'm glad their doing something.

Jimellow 05-12-2006 05:51 AM

Quote:

Originally Posted by USA Today Article (all quotes apply)
Don Weber, a senior spokesman for the NSA, declined to discuss the agency's operations. "Given the nature of the work we do, it would be irresponsible to comment on actual or alleged operational issues; therefore, we have no information to provide," he said. "However, it is important to note that NSA takes its legal responsibilities seriously and operates within the law."

Somehow, that isn't reassuring at all.

Quote:

She [Dana Perino] added that all national intelligence activities undertaken by the federal government "are lawful, necessary and required for the pursuit of al-Qaeda and affiliated terrorists." All government-sponsored intelligence activities "are carefully reviewed and monitored," Perino said. She also noted that "all appropriate members of Congress have been briefed on the intelligence efforts of the United States."
Personally, it's bothersome to me that despite this practice being "lawful and necessary" we (American citizens), are only finding out about it as a result of some journalistic probing. That makes me think very strongly that those practicing this spying are suspect that it might not be kosher; and thus have to defend it, instead of explaining it in more depth.

Quote:

The financial penalties for violating Section 222, one of many privacy reinforcements that have been added to the law over the years, can be stiff. The Federal Communications Commission, the nation's top telecommunications regulatory agency, can levy fines of up to $130,000 per day per violation, with a cap of $1.325 million per violation. The FCC has no hard definition of "violation." In practice, that means a single "violation" could cover one customer or 1 million.

In the case of the NSA's international call-tracking program, Bush signed an executive order allowing the NSA to engage in eavesdropping without a warrant. The president and his representatives have since argued that an executive order was sufficient for the agency to proceed. Some civil liberties groups, including the American Civil Liberties Union, disagree.
The president's representatives have been in court quite a bit lately, facing various legal charges. The fact that these people are able to ovverride laws and rights in the name of fighting terrorism is disheartening. It also doesn't seem very democratic to have a president using executive force to limit individual rights.

Quote:

Trying to put pressure on Qwest, NSA representatives pointedly told Qwest that it was the lone holdout among the big telecommunications companies. It also tried appealing to Qwest's patriotic side: In one meeting, an NSA representative suggested that Qwest's refusal to contribute to the database could compromise national security, one person recalled.
Kudos to Qwest. In essence, I guess Qwest could be considered a terrorist threat now that they are refusing to blindly follow their governments demands, instead opting to protect those they serve financially.

That being said, it's a very well written, and informative article. Instead of just providing the hot issue, it also provides back story, as well as information regarding the laws and rights that the president's actions may be compromising.

highthief 05-12-2006 05:54 AM

Quote:

Originally Posted by The_Jazz
And highthief, the chances of any violent rebellion happening in my lifetime in the US are diminishingly small. There's currently no rallying point for any of the dissenters or any mass organization towards deposing anyone. The vast majority of Americans would never support the destruction of the Constitution (although they'd probably change their minds quickly at the end of a gun), and the armed forces are simply too strong for anyone to make a direct attack. Trying to overthrow the US government would not only be pointless suicide, it would leave a negative legacy for the cause.

Not really suggesting the overthrow of the government, but in Britain, France, Italy, Germany, etc there'd be a few days or weeks of work stoppages, marches, a little random looting, pillaging and burning, etc, that tends to force governments to action.

dksuddeth 05-12-2006 06:17 AM

Along the same lines as jimellows thoughts, with all the 'signing statements' that have gone along with all this legislation, What the executive branch considers 'lawful' and necessary, might technically not be.

The_Jazz 05-12-2006 06:19 AM

Here in the US, we only riot, loot, pillage and burn after our sports teams win a big game. Otherwise we can't be bothered.

aceventura3 05-12-2006 08:12 AM

We don't have a guaranteed right to privacy in the Constitution only a right against unreasonable searches and seizures. Also, be clear on who owns those phone records - the phone company. The phone company never contracted with you that the data they collect would be destroyed or kept private.

Wake up. If you want privacy don't do stuff in the public relm. Don't enter into agreements with companies that collect and store data. Don't use public roads and facilities, etc.

cyrnel 05-12-2006 08:43 AM

Quote:

Originally Posted by aceventura3
...Wake up. If you want privacy don't do stuff in the public relm. Don't enter into agreements with companies that collect and store data. Don't use public roads and facilities, etc.

That goes without saying, no?

That gathering, storing, and analysis methods are improving does not mean we want to let it run unchecked. The erosion of "implied" anonymity is more due to improvements in technology than any policy. Current policy is coincidental. (Though I believe they feed each other.) Mankind hasn't had to contend with systematic privacy intrusions on these scales before, and it's not likely to slow. Business and government benefit while people get creeped out and abuses climb. Who'll win? I'm putting a cautious $5 on big legislation in the next 10yrs. (assuming we see a significant congressional cleanup first)

Jimellow 05-12-2006 08:48 AM

Quote:

Originally Posted by aceventura3
We don't have a guaranteed right to privacy in the Constitution only a right against unreasonable searches and seizures. Also, be clear on who owns those phone records - the phone company. The phone company never contracted with you that the data they collect would be destroyed or kept private.

The article states otherwise.

From the article, with highlights:

Quote:

The NSA's domestic program raises legal questions. Historically, AT&T and the regional phone companies have required law enforcement agencies to present a court order before they would even consider turning over a customer's calling data. Part of that owed to the personality of the old Bell Telephone System, out of which those companies grew.

Ma Bell's bedrock principle — protection of the customer — guided the company for decades, said Gene Kimmelman, senior public policy director of Consumers Union. "No court order, no customer information — period. That's how it was for decades," he said.

The concern for the customer was also based on law: Under Section 222 of the Communications Act, first passed in 1934, telephone companies are prohibited from giving out information regarding their customers' calling habits: whom a person calls, how often and what routes those calls take to reach their final destination. Inbound calls, as well as wireless calls, also are covered.

The financial penalties for violating Section 222, one of many privacy reinforcements that have been added to the law over the years, can be stiff. The Federal Communications Commission, the nation's top telecommunications regulatory agency, can levy fines of up to $130,000 per day per violation, with a cap of $1.325 million per violation. The FCC has no hard definition of "violation." In practice, that means a single "violation" could cover one customer or 1 million.

In the case of the NSA's international call-tracking program, Bush signed an executive order allowing the NSA to engage in eavesdropping without a warrant. The president and his representatives have since argued that an executive order was sufficient for the agency to proceed. Some civil liberties groups, including the American Civil Liberties Union, disagree.
Warrants are required as per the ruling highlighted above. In this case, Bush used his executive power to bypasss such requirements; and I question how he is able to justify such a decision to be "lawful and necessary."

stevo 05-12-2006 08:54 AM

Quote:

Originally Posted by Jimellow
The article states otherwise.

From the article, with highlights:



Warrants are required as per the ruling highlighted above. In this case, Bush used his executive power to bypasss such requirements; and I question how he is able to justify such a decision to be "lawful and necessary."

The article is misleading. Yes, you need a warrant to obtain phone records of an individual. But that is not exactly what is going on. There are no names/individuals attached to these numbers. It is nothing but a list of numbers. Its the same data you get in the mail every month. Do they need a court order to "obtain" the data and send you a bill? No.

Once there is a suspected terrorist calling pattern observed, whatever that may be, NSA goes to a judge, follows the law, and gets a court order for the names connected to that call.

This is more of nothing. I wonder what they'll come up with next week.

The_Jazz 05-12-2006 08:58 AM

I think that constitutional requirements for warrants are discussed quite nicely in this thread.

http://www.tfproject.org/tfp/showthr...urth+amendment

Phone companies have to gather these records for billing purposes. They don't listen to calls, but they have to know who called who to be able to bill the responsible party. Those records are the private property of the phone companies, although the courts have always seen an invididual stake in that property and as such a warrant is typically required to access anyone's phone records, regardless of the level. This is well covered territory and established law.

Aceventura3, regardless of how you interpret the Constitution, the Supreme Court has actually ruled that there is a 4th Amendment right to privacy for decades.

stevo 05-12-2006 09:04 AM

You do know Clinton was doing this through out the 90's? The exact same thing. Without court orders, and without the prompt of 9/11.

Now before you chastise me for bringing clinton into this, its not a "well, he did it and it was ok then, its ok now" thing. Its a "he did it and no one cared then, but they care when bush does it" thing. 60 minutes even did an episode on this in 2000. No one cared then. Why now? Why's the media take off and go nuts when bush does it. 60 minutes puts out this story in 2000 and no one else cared and it was never mentioned again. but now, a republican...hmmm

red0blivia 05-12-2006 09:08 AM

Quote:

Originally Posted by DemocracyNow!
One source told the paper that the NSA is attempting to create the world's largest database -- big enough to include every call ever made within the nation's borders.

...On Thursday, President Bush discussed the NSA”s spy operations but did not directly address the report in USA Today that the NSA was creating a database of phone call records.

* President Bush: "Today there are new claims about other ways we are tracking down al Qaeda to prevent attacks on America. I want to make some important points about what the government is doing, and what the government is not doing. First, our intelligence activities strictly target al Qaeda and their known affiliates. Al Qaeda is our enemy, and we want to know their plans. Second, the government does not listen to domestic phone calls without court approval. Third, the intelligence activities I authorized arelawful and have been briefed to appropriate members of congress, both Republican and Democrat. Fourth, the privacy of ordinary Americans is fiercely protected in all our activities. We're not mining or trolling through the personal lives of millions of innocent Americans."

are people still falling for this ssort of verbal defecation??

i am continuously perplexed by how he is able to repeatedly make statements that are a direct contradiction of the facts, without being scoffed at and ran out of office.
this has been going on for years!
i am at a loss as to how his supporters can reconcile his fabrications with reality.

Quote:

Originally Posted by DemocracyNow!
On Capitol Hill, Pennsylvania Republican Arlen Specter - Chairman of the Senate Judiciary Committee - announced he would call officials from AT&T, Verizon and Bell South to appear before the panel for questioning. Meanwhile there have been a number of other developments about the NSA's spy program.

On Wednesday the Justice Department announced it had to close an investigation into the NSA”s domestic spy program because the NSA had refused to grant investigators security clearances.

On Monday, President Bush nominated General Michael Hayden to become the next director of the CIA. Hayden was the head of the NSA in 2001 when President Bush ordered the agency to begin warrant-less spying of Americans.

General Hayden spoke with reporters yesterday about the NSA spying program.

* Michael Hayden: "Everything that NSA done is lawful and carefully done and the appropriate members of congress, the house and senate are briefed on all NSA activities and I will just leave it at that."

But the NSA spy program is even being criticized by former top NSA officials. On Monday the agency's former Director Bobby Ray Inman said “this activity is not authorized.”

a discussion of this issue will be on democracy now!, today.

stevo 05-12-2006 09:19 AM

Quote:

Originally Posted by red0blivia
are people still falling for this ssort of verbal defecation??

i am continuously perplexed by how he is able to repeatedly make statements that are a direct contradiction of the facts, without being scoffed at and ran out of office.
this has been going on for years!
i am at a loss as to how his supporters can reconcile his fabrications with reality.

I don't understand why people werent outraged in 1994, when a democratic president, backed by a democratic house and democratic president passed the Communications Assistance for Law Enforcement Act of 1994

Everyone please read it before you listen to what the numbskulls in the media are telling you. http://www.askcalea.net/calea.html
an excerpt:
Quote:

SEC. 103. ASSISTANCE CAPABILITY REQUIREMENTS.

(a) CAPABILITY REQUIREMENTS- Except as provided in subsections (b), (c), and (d) of this section and sections 108(a) and 109(b) and (d), a telecommunications carrier shall ensure that its equipment, facilities, or services that provide a customer or subscriber with the ability to originate, terminate, or direct communications are capable of--

(1) expeditiously isolating and enabling the government, pursuant to a court order or other lawful authorization, to intercept, to the exclusion of any other communications, all wire and electronic communications carried by the carrier within a service area to or from equipment, facilities, or services of a subscriber of such carrier concurrently with their transmission to or from the subscriber's equipment, facility, or service, or at such later time as may be acceptable to the government;

(2) expeditiously isolating and enabling the government, pursuant to a court order or other lawful authorization, to access call-identifying information that is reasonably available to the carrier--

(A) before, during, or immediately after the transmission of a wire or electronic communication (or at such later time as may be acceptable to the government); and
(B) in a manner that allows it to be associated with the communication to which it pertains, except that, with regard to information acquired solely pursuant to the authority for pen registers and trap and trace devices (as defined in section 3127 of title 18, United States Code), such call-identifying information shall not include any information that may disclose the physical location of the subscriber (except to the extent that the location may be determined from the telephone number);

(3) delivering intercepted communications and call-identifying information to the government, pursuant to a court order or other lawful authorization, in a format such that they may be transmitted by means of equipment, facilities, or services procured by the government to a location other than the premises of the carrier; and

(4) facilitating authorized communications interceptions and access to call-identifying information unobtrusively and with a minimum of interference with any subscriber's telecommunications service and in a manner that protects--

(A) the privacy and security of communications and call-identifying information not authorized to be intercepted; and
(B) information regarding the government's interception of communications and access to call-identifying information.

ScottKuma 05-12-2006 09:27 AM

I was a Republican (now moving ever more towards Libertarianism). I'm just shocked at how much personal liberty we've given away in the last 25 years.

Everyone I heard on the news saying they had "No Problem" with this - no matter WHO did/is doing it - has said, "I have nothing to hide!" It's unfortunate, but I honestly think we're moving more and more towards the sentiment in the following poem:

Quote:

First They Came for the Jews

First they came for the Jews
and I did not speak out
because I was not a Jew.
Then they came for the Communists
and I did not speak out
because I was not a Communist.
Then they came for the trade unionists
and I did not speak out
because I was not a trade unionist.
Then they came for me
and there was no one left
to speak out for me.

-Pastor Martin Niemöller
Replace "Communists" with "Terrorists" and you might see what I mean.

Maybe not now...but I don't like how wide the net has been cast. If they're monitoring everyone's calls, then everyone is a suspect. Make no mistake about it, although 99.9% of the time this will be used properly, there WILL be abuses of this. Ask the Clintons about the tax records that they obtained - no matter how legally. (Although I bring up the Clintons specifically, don't focus on that.... Politicians being the seedy sort that they are, abuses will not be partisan.)

We're just that much closer to living under a police state.

host 05-12-2006 09:34 AM

Quote:

Originally Posted by red0blivia
are people still falling for this ssort of verbal defecation??

i am continuously perplexed by how he is able to repeatedly make statements that are a direct contradiction of the facts, without being scoffed at and ran out of office.
this has been going on for years!
i am at a loss as to how his supporters can reconcile his fabrications with reality.



a discussion of this issue will be on democracy now!, today.

The CIA...<b>Destroyed !</b> FEMA...<b>Destroyed !</b> Constitutional Checks and Balances....<b>Destroyed !</b> 4th Amendment Rigths....<b>Destroyed !</b> They may look like morons...Mr. Bush and Gen. Hayden....but note who is loosing authority, and who is gaining it!
Quote:

http://msnbc.msn.com/id/11021093/
'Countdown with Keith Olbermann' for Jan. 24th
Read the transcript to the Tuesday show
Updated: 10:57 a.m. ET Jan. 25, 2006


....OLBERMANN: Also on the subject of the NSA spying, and a lot more serious, as a cartoon to a James Thurber cartoon once read, paraphrasing here, Sometimes I get the feeling that your mother and your Uncle Ed are running the government.

In the wake of the unprecedented news conference by the creator of the domestic eavesdropping program, General Michael Hayden, a slight mistake the general made has been revealed. And it‘s hard to tell which is more frightening for those of you in favor of continuing the democracy, the mistake itself, or the general‘s insistence that it was not a mistake.

(BEGIN VIDEO CLIP):http://movies.crooksandliars.com/Cou...nsa-Hayden.wmv or...
http://movies.crooksandliars.com/Countdown-nsa-Ha.mov from:
http://www.crooksandliars.com/2006/05/06.html#a8184

UNIDENTIFIED MALE: My understanding is that the Fourth Amendment to the Constitution specifies that you must have probable cause to be able to do a search that does not violate an American‘s right against unlawful searches and seizures. Do you use...

GEN. MICHAEL HAYDEN: Well, actually, the Fourth Amendment actually protects all of us against unreasonable search and seizure. That‘s what it says.

UNIDENTIFIED MALE: But the measure is probable cause, I believe.

HAYDEN: The amendment says unreasonable search and seizure.

<b>UNIDENTIFIED MALE: But does it not say probable...

HAYDEN: No.</b>

UNIDENTIFIED MALE: ... the court standard...

HAYDEN: The amendment says...

UNIDENTIFIED MALE: ... the legal standard...

HAYDEN: ... unreasonable search and seizure.

UNIDENTIFIED MALE: ... the legal standard is probable cause.

<b>HAYDEN: Just o be very clear—and believe me, if there‘s any amendment to the Constitution that employees of the National Security Agency are familiar with, it‘s the Fourth. And it is a reasonableness standard in the Fourth Amendment.</b>

(END VIDEO CLIP)

OLBERMANN: To quote the Fourth Amendment to the Constitution of the United States in its entirety, the one the general and the NSA folks are so familiar with and know is about reasonableness and not about probable cause, quote, “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 issue, <b>but upon probable cause,</b> supported by oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized.”

Well, maybe they have a different Constitution over there at the NSA.

cyrnel 05-12-2006 09:47 AM

Quote:

Originally Posted by stevo
I don't understand why people werent outraged in 1994, when a democratic president, backed by a democratic house and democratic president passed the Communications Assistance for Law Enforcement Act of 1994

They were. At least as much as today. Don't you recall the numskull media then too? (same arguments both sides, though war wasn't as significant) I don't see the ruling party as significant. Capabilities increase and people use them. The minority party whores against it. Nothing new there.

Capabilities will increase and will be used. At some point, when an administration suggests we all have nano-locators implanted in our heads to fight the venusian menace, resistance might get downright noisy. Might.

Increased monitoring will always help big business and government, and in many cases it can help individuals. Where's the balance? Will the population gradually grow accustomed to and accept monitoring at all levels in exchange for the benefits? Restrictions are inevitable. It's a matter of how much and when and if generations more accustomed to technology care.

red0blivia 05-12-2006 09:48 AM

Quote:

Originally Posted by stevo
I don't understand why people werent outraged in 1994, when a democratic president, backed by a democratic house and democratic president passed the Communications Assistance for Law Enforcement Act of 1994

Everyone please read it before you listen to what the numbskulls in the media are telling you. http://www.askcalea.net/calea.html
an excerpt:


stevo, this not a partisan issue.
i have been, and am, outraged by many things the democrats have done.
and i am completely disgusted by their complicity and lack of spine in regard to all of the, ever escalating, disenfranchisements and injustices commited by the current administartion.

i am not a democrat - i am an independent.
i think our two party system is greatly flawed and a disgrace to the deMOCKracy our country is supposed to represent.

but even if you subscribe to any given political party, why would you disservice yourself by defending them, even as they are taking your rights away?

stevo 05-12-2006 09:54 AM

But its not monitoring. not in the sense of the previous story. They aren't listening in on everyones phone calls. The have a list of numbers thats it. A list of numbers that are private property of the telecom companies. A list of numbers they are legally required to turn over if the government asks. If you don't want them to know who you call, use a payphone or disposable cell. Thats probably what alqaeda does anyway, so I don't know how much info theyd really glean from this anyway.

samcol 05-12-2006 10:02 AM

Quote:

UNIDENTIFIED MALE: But does it not say probable...

HAYDEN: No.
...

Well, in the crazy world we live in today, not knowing the 4th amendment makes a person totally qualified to run the CIA.

red0blivia 05-12-2006 10:07 AM

Quote:

Originally Posted by stevo
But its not monitoring.

yes it is. it is monitoring/keeping record of every personal and businees contact you make.

Quote:

They aren't listening in on everyones phone calls.
not everyones... not yet.
these things always progress in steps.
that is why this is so dangerous.

Quote:

The have a list of numbers thats it. A list of numbers that are private property of the telecom companies. A list of numbers they are legally required to turn over if the government asks.
which is standard in a criminal investigation... not on a broad scale that encompasses every single american.
it is an extreme invasion of privacy.

Quote:

If you don't want them to know who you call, use a payphone or disposable cell. Thats probably what alqaeda does anyway, so I don't know how much info theyd really glean from this anyway.
a perfect arguement for why this is, in no way, justifiable.

Jimellow 05-12-2006 10:13 AM

My concern/opposition to this is not that it won't lead to catching terrorists, but instead that it will give the government further freedom to broaden the defition of "terrorists," thus allowing them to legally pursue those that fit some government profile, regardless of whether such profiling is valid or not.

aceventura3 05-12-2006 11:41 AM

Quote:

Originally Posted by cyrnel
That goes without saying, no?

That gathering, storing, and analysis methods are improving does not mean we want to let it run unchecked. The erosion of "implied" anonymity is more due to improvements in technology than any policy. Current policy is coincidental. (Though I believe they feed each other.) Mankind hasn't had to contend with systematic privacy intrusions on these scales before, and it's not likely to slow. Business and government benefit while people get creeped out and abuses climb. Who'll win? I'm putting a cautious $5 on big legislation in the next 10yrs. (assuming we see a significant congressional cleanup first)

I disagree because there is no "implied" anonymity in this case I would argue the opposite is true. Let use an example:

Lets say Joe talks to Bill at Ma Bells house. Joe knows it happened, Bill knows and Ma knows about the conversation.

Who has the privacy right? In my view, nobody. Joe can tell the world what happened. Bill can tell the world and Ma can tell the world. If Joe and Bill wanted absolute privacy they shouldn't have gone to Ma's house.

If the government goes to Ma and says give me the names, dates and times of the people who came to your house to talk, Ma can do it if she wants. If she says no, the government is obligated to get a court order.

In the NSA controversy the phone companies voluntarily gave the information. Perhaps the beef should be with the phone company.

The_Jazz 05-12-2006 11:58 AM

Ok, let's review:

Why are the records being kept? The phone companies have to have them for billing purposes. There's no other way to run a phone company that I know of unless you're charging a flat fee, which isn't available to my knowlege.

Does the Communications Assistance for Law Enforcement Act of 1994 require a warrant or other type of court order? Yes. In all cases.

Is the NSA circumventing the CALEA? Yes since they are not obtaining court orders or warrants to access the information gathered by the government on a day-to-day basis.

When the government focuses on financial dealings, they have to get court orders for the banks. When the government focuses on shipments of potential illegal drug shipments, they have to get court orders to open shipping containers.

The thing here is that the phone companies (with the exception of Qwest) have rolled over and given up their records without a warrant or court order. Theoretically, that is their right to do so, but since it's the record of all of the general public's calls, there are privacy issues involved. I don't know if the phone company is under any obligation to tell you if the government serves a warrant for your phone records - they certainly aren't under any obligation to tell you that your phone is tapped.

Seaver 05-12-2006 12:05 PM

It's illegal and needs to be stopped. No IFs, ANDs or BUTs.

I supported Bush during the incident of recording international calls because they can be justified as intercepting foreign communications (or spying).

The internal US citizen-to-citizen tapping requires a warrant according to law. The NSA has no right to record such conversations according to Illegal Search and Seizure.

The_Jazz 05-12-2006 12:09 PM

Quote:

Originally Posted by Seaver
It's illegal and needs to be stopped. No IFs, ANDs or BUTs.

I supported Bush during the incident of recording international calls because they can be justified as intercepting foreign communications (or spying).

The internal US citizen-to-citizen tapping requires a warrant according to law. The NSA has no right to record such conversations according to Illegal Search and Seizure.

Although I agree with you here, I'm going to play devil's advocate. These are the private business records belonging to the phone companies. What's to stop them from handing over everything if the companies feel its their "patriotic duty" to do so?

roachboy 05-12-2006 12:27 PM

qwest determined the request to be illegal, the jazz.
but it is nice to see that some among us have their thumb on the pulse of unfolding, insofar as this newest in the seemingly endless chain of bushscandals is concerned.

Quote:

Qwest's Refusal of N.S.A. Query Is Explained
By JOHN O'NEIL and ERIC LICHTBLAU

WASHINGTON, May 12 ? The telecommunications company Qwest turned down requests by the National Security Agency for private telephone records because it concluded that doing so would violate federal privacy laws, a lawyer for the telephone company's former chief executive said today.

In a statement released this morning, the lawyer said that the former chief executive, Joseph N. Nacchio, made the decision after asking whether "a warrant or other legal process had been secured in support of that request."

Mr. Nacchio learned that no warrant had been granted and that there was a "disinclination on the part of the authorities to use any legal process," said the lawyer, Herbert J. Stern. As a result, the statement said, Mr. Nacchio concluded that "the requests violated the privacy requirements of the Telecommunications Act."

A Qwest spokesman, Robert Toevs, declined to discuss anything to do with security issues or the statement by Mr. Nacchio's lawyer.

Qwest was the only phone company to turn down requests from the security agency for phone records as part of a program to compile a vast database of numbers and other information on virtually all domestic calls. The program's scope was first described in an article published on Thursday by USA Today that led to an outpouring of demands for information from Congressional Republicans and Democrats. The article said that AT&T, BellSouth and Verizon had agreed to provide the information to the security agency.

The lawyer's statement came as Gen. Michael V. Hayden, who was the head of the National Security Agency at the time the program began, continued to seek support today for his nomination as C.I.A. director in meetings with senators on Capitol Hill.

Speaking to reporters with Senator Chuck Hagel, Republican of Nebraska, General Hayden declined to comment on the article about the National Security Agency program.

"Everything that the agency has done has been lawful," he said. "It's been briefed to the appropriate members of Congress."

Mr. Hagel, a member of the Intelligence Committee, which will conduct General Hayden's confirmation hearings, said that General Hayden was "the right choice" for the C.I.A.'s top post.

But he also said he supported plans announced Thursday by Senator Arlen Specter, the Republican chairman of the Senate Judiciary Committee, to hold separate hearings into the collection of phone records.

Mr. Hagel called that "appropriate."

"I think this issue needs to be clearly aired," he said. "I think people need to have confidence in their government."

Mr. Hagel said the confirmation hearings would certainly involve "tough questions" for General Hayden. Members of Congress have said they want information both about the collection of phone records and about a program of warrantless wiretaps on calls between people in the United States and people overseas suspected of having ties to terrorism.

The White House continued to express its support of General Hayden today and to sidestep questions about the program to collect telephone records.

Tony Snow, the White House press secretary, told reporters that "we're 100 percent behind Michael Hayden."

Mr. Snow also said that the White House was "confident that he is going to comport himself well and answer all the questions and concerns that members of the United States Senate may have in the process of confirmation."

On Tuesday, President Bush responded to an outcry over the article by assuring the country that "we're not mining or trolling through the personal lives of millions of innocent Americans."

One senior government official, who was granted anonymity to speak publicly about the classified program, confirmed that the N.S.A. had access to records of most telephone calls in the United States. But the official said the call records were used for the limited purpose of tracing regular contacts of "known bad guys."

"To perform such traces," the official said, "you'd have to have all the calls or most of them. But you wouldn't be interested in the vast majority of them."

The New York Times first reported in December that the president had authorized the N.S.A. to conduct eavesdropping without warrants.

The Times also reported in December that the agency had gained the cooperation of American telecommunications companies to get access to records of vast amounts of domestic and international phone calls and e-mail messages.

The agency analyzes communications patterns, the report said, and looks for evidence of terrorist activity at home and abroad.

The USA Today article on Thursday went further, saying that the N.S.A. had created an enormous database of all calls made by customers of the three phone companies in an effort to compile a log of "every call ever made" within this country.

Mr. Nacchio's statement today made a point of saying that the N.S.A. requests occurred "at a time when there was no investigation of Qwest or Mr. Nacchio." Mr. Nacchio, who left Qwest in 2002 amid allegations of fraud at the company, was indicted in December on 42 charges of insider selling.

Prosecutors say Mr. Nacchio did not make investors aware of warnings from his managers that the company's revenue and profit forecasts were too optimistic. They say Mr. Nacchio kept this information to himself yet also sold 2.5 million shares of Qwest stock over five months in 2001 that netted $100 million. The case could go to trial later this year.

On Thursday, some Republicans, including Representative Peter Hoekstra of Michigan, chairman of the House Intelligence Committee, defended the N.S.A.'s activities and denounced the disclosure. Mr. Hoekstra said the report "threatens to undermine our nation's safety."

"Rather than allow our intelligence professionals to maintain a laser focus on the terrorists, we are once again mired in a debate about what our intelligence community may or may not be doing," he said.

But many Democrats and civil liberties advocates said they were disturbed by the report, invoking images of Big Brother and announcing legislation aimed at reining in the N.S.A.'s domestic operations. Fifty-two members of Congress asked the president to name a special counsel to investigate the N.S.A.'s domestic surveillance programs.

Senator Arlen Specter, the Pennsylvania Republican who heads the Judiciary Committee, said the reported data-mining activities raised serious constitutional questions. He said he planned to seek the testimony of telephone company executives.

The House majority leader, John A. Boehner of Ohio, said he wanted more information on the program because "I am not sure why it would be necessary to keep and have that kind of information."

Mr. Bush did not directly confirm or deny the existence of the N.S.A. operation but said that "as a general matter, every time sensitive intelligence is leaked it hurts our ability to defeat this enemy."

Seeking to distinguish call-tracing operations from eavesdropping, the president said that "the government does not listen to domestic phone calls without court approval."

The phone records include numbers called; time, date and direction of calls; and other details, but not the words spoken, telecommunications experts said. Customers' names and addresses are not included in the companies' call records, though they could be cross-referenced to obtain personal data.

The law on data-mining activities is murky, and legal analysts were divided Thursday on the question of whether the N.S.A.'s tracing and analysis of huge streams of American communications data would require the agency to use subpoenas or court warrants.

Kate Martin, director of the Center for National Security Studies, said, "If they don't get a court order, it's a crime." Ms. Martin said that while the F.B.I. might be able to get access to phone collection databases by using an administrative subpoena, her reading of federal law was that the N.S.A. would be banned from doing so without court approval.

But another expert on the law of electronic surveillance, Kenneth C. Bass III, said that if access to the call database was granted in response to a national security letter issued by the government, "it would probably not be illegal, but it would be very troubling."

"The concept of the N.S.A. having near-real-time access to information about every call made in the country is chilling," said Mr. Bass, former counsel for intelligence policy at the Justice Department. He said the phone records program resembled Total Information Awareness, a Pentagon data-mining program shut down by Congress in 2003 after a public outcry.

The N.S.A. refused to discuss the report, but said in a statement that it "takes its legal responsibilities seriously and operates within the law."

AT&T, Verizon and BellSouth all issued statements saying they had followed the law in protecting customers' privacy but would not discuss details of the report.

"AT&T has a long history of vigorously protecting customer privacy," said Selim Bingol, a company spokesman. "We also have an obligation to assist law enforcement and other government agencies responsible for protecting the public welfare."

Mr. Specter said in an interview that he would press for information on the operations of the N.S.A. program to determine its legality.

"I don't think we can really make a judgment on whether warrants would be necessary until we know a lot more about the program," he said.

One central question is whether the N.S.A. uses its analysis of phone call patterns to select people in the United States whose phone calls and e-mail messages are monitored without warrants. The Times has reported that the agency is believed to have eavesdropped on the international communications of about 400 to 500 people at a time within the United States and of thousands of people since the Sept. 11 attacks.

Democrats said they would use the new disclosures to push for more answers from General Hayden at his confirmation hearing, set for May 18.

Senator Dianne Feinstein, Democrat of California, predicted "a major Constitutional confrontation on Fourth Amendment guarantees of unreasonable search and seizure" and said the new disclosures presented "a growing impediment to the confirmation of General Hayden."

Scott Shane contributed reporting from Washington for this articlE.
source: http://www.nytimes.com/2006/05/12/wa...rtner=homepage

cyrnel 05-12-2006 12:57 PM

Quote:

Originally Posted by aceventura3
I disagree because there is no "implied" anonymity in this case I would argue the opposite is true.

I was struggling with that and stopped early. I wasn't implying any solid legal foundation for general privacy. It's a muddy topic. Because capabilities are advancing, and because they can be used for mucho good or ill.

What I was getting at is the historical ability to get lost in a crowd. It's close to gone now unless you're happy living under bridges. That process will continue until our bathroom habits are indicated by the changing color of our front door. Yellow means wait a minute, brown means come back later. :) There's no end to what can be with long-range RFID and other omniscience technologies as they mature over the next decade or two. What's our limit? Is there one?

I'm not suggesting the general problem lies with this administration, but they're certainly advocating its use. Just as Clinton's administration did with slightly less capable tech a few years ago. It goes back as far as we want to dig. The difference now is one of scale in what can be gathered cheaply, and how quickly it can be mined. As things progress we have to decide where the limits lie or if we want any at all. It seems many people aren't entirely comfortable with letting it all hang out. I'm not, though I lust after some of the technology.

If I sound non-commital, I am. I don't trust our elected finest and I've had enough indigestion this year.

aceventura3 05-12-2006 01:00 PM

Quote:

Originally Posted by Seaver
It's illegal and needs to be stopped. No IFs, ANDs or BUTs.

I supported Bush during the incident of recording international calls because they can be justified as intercepting foreign communications (or spying).

The internal US citizen-to-citizen tapping requires a warrant according to law. The NSA has no right to record such conversations according to Illegal Search and Seizure.

They are not recording the conversations. They are not listening to the conversations. All they did was obtain the records of calls made. The phone companies voluntarily gave those records. Where is the illegal part? I must be an idiot, because I simply don't understand how the NSA violated the law, or anyone's "right to privacy".

The_Jazz 05-12-2006 01:19 PM

roachboy, I read that article this morning, and I happen to agree with Qwest's lawyers. However, they're in the minority here, but I'm not sure what laws govern the privacy of phone records. They may be sacrosact until the appearance of a warrant, but I don't really know.

Rekna 05-12-2006 01:29 PM

For those of you claiming that the government only has annonymous numbers grab your home phone number and type it into google and see what you get back. This doesn't work for all numbers but any numbers that appear in phonebooks it does (ie no cell phones).

I would feel better about this if the phone companies didn't give them the phone numbers and instead only gave them unique ID's for who was calling who and the government had to get warrents in order to determine which ID belonged to which phone number but even that is iffy.

maximusveritas 05-12-2006 01:39 PM

The funniest thing about this is listening to them try to defend it. Lott actually asked the question "Do we want security ... or do we want to get in a twit about our civil libertarian rights?" Wow. I won't even bother quoting Ben Franklin on this one. It's just too easy.

You know, I acutally didn't think it was a big deal when I first heard about it, but now I'm convinced they're doing something wrong. The more desperate their attempts to defend themselves become, the more guilty they must be.

aceventura3 05-12-2006 01:57 PM

Quote:

Originally Posted by Jimellow
The article states otherwise.
Warrants are required as per the ruling highlighted above. In this case, Bush used his executive power to bypasss such requirements; and I question how he is able to justify such a decision to be "lawful and necessary."

I think there is a newer version of the law. In 1934 they were using switch board operators. If the phone companies violated the law, it should be a simple matter for a lawsuit to be filed and a cease and desist order issued. If this happens I stand corrected. However...

Today when I place a call I assume my call is being identified by the reciever of the call, anyone with access to the receiving phone knows my number, its in the public relm. Phone companies presumed everyones willingness to have their phone numbers published in directories with identifying information like name and adrress. Do those things violate privacy? If you use a wireless phone do you assume privacy, when people can make or purchase equipment to pick up thos calls? When you call 911, there is no court order but government traces nd records the call, is that a violation of privacy?

If we have a problem - it should be with the phone company not the NSA.

host 05-12-2006 02:54 PM

Goooodnesss!!!! The Republican Party [edited for abrasive content. It is one thing to posit that the Republicans are behaving in a facist manner, it is quite another to say they are facist.] is working O.T . to spin this new crisis away from themselves and onto democratric party members:
Quote:

http://www.rnc.org/

Latest Headlines
05.12.06 - The Real Dem Agenda: Cut and Run

05.11.06 - The Real Dem Agenda: Obstruct Qualified Judges

05.11.06 - Democrat Ethics Breakdown: News For The Week Of May 8, 2006

http://www.rnc.org/News/Read.aspx?ID=6313
THE REAL DEM AGENDA:

STOP TERRORIST SURVEILLANCE PROGRAM

Dems Put Politics First, National Security Second

_____________________________________________________________


72 House Democrats Filed A Motion To Stop The Terrorist Surveillance Program:

"[C]ongressman John Conyers, Jr. [D-MI] And 71 Other Representatives Filed Papers Seeking To End The President's Warrantless Eavesdropping Program." (Rep. Conyers, "Conyers And 71 Other Members File To Stop Warrantless Wiretapping Program," Press Release, 5/11/06)

*
"The Members Filed An Amicus Brief In Two Federal Courts Reviewing Challenges To The National Security Agency's Warrantless Wiretapping Program." (Rep. Conyers, "Conyers And 71 Other Members File To Stop Warrantless Wiretapping Program," Press Release, 5/11/06)

Democrat House Leaders Introduced Legislation To Weaken Terrorist Surveillance Program:

"Reps. Jane Harman (D-CA) And John Conyers (D-MI) Today Introduced The 'Lawful Intelligence And Surveillance Of Terrorists In An Emergency By NSA Act' (The LISTEN Act)." (Reps. Harman and Conyers, "Harman And Conyers Introduce Legislation To Force President's Entire Domestic Surveilance Program To Comply With The Law," Press Release, 5/11/06)


* Rep. Conyers: "This legislation could not be more timely. Today's USA Today article made clear that the Administration's eavesdropping is larger than anyone imagined and sweeps in the activities of millions of innocent Americans." (Reps. Harman and Conyers, "Harman And Conyers Introduce Legislation To Force President's Entire Domestic Surveilance Program To Comply With The Law," Press Release, 5/11/06)

Senate Democrats Put Politics First, National Security Second And Attacked The Terrorist Surveillance Program:

Senate Minority Leader Harry Reid (D-NV): "Today's press report that the government may be secretly collecting phone call records on millions of ordinary Americans is the latest example of why congressional oversight is so critical." (Sen. Reid, "Senate Democratic Leader Harry Reid Released The Following Statement On Today's Press Report On The NSA's Collection Of Phone Records," Press Release, 5/11/06)

Sen. Pat Leahy (D-VT): "Those entrusted with great power have a duty to answer to Americans what they are doing." (Laurie Kellman, "Lawmakers Question Government Collection Of Americans' Phone Call Records," The Associated Press, 5/11/06)

* "'It's Our Government, Our Government!' [Sen. Leahy] Said, Turning Red In The Face And Waving A Copy Of USA Today. 'It's Not One Party's Government, It's America's Government!'" (John O'Neil, "Bush Says U.S. Spying Is Not Widespread," The New York Times, 5/11/06)

Sen. Russ Feingold (D-WI): "This Administration's arrogance and abuse of power should concern all Americans. ... Congress needs to find out exactly what the Administration is doing and whether it is legal." (Sen. Feingold, "Statement Of U.S. Senator Russ Feingold On The Reported Massive NSA Database Of Americans' Phone Calls," Press Release, 5/11/06)

Sen. Dick Durbin (D-IL): "We need more. We need to take this seriously, more seriously than some other matters that might come before the committee because our privacy as American citizens is at stake." (Laurie Kellman, "Lawmakers Question Government Collection Of Americans' Phone Call Records," The Associated Press, 5/11/06)

Sen. John Kerry (D-MA): "[T]he NSA isn't just listening to international calls but is collecting the phone call records of tens of millions of Americans who aren't suspected of wrong-doing." (Sen. Kerry, Remarks At American University, Washington, D.C., 5/11/06)

Senators Have Been Briefed On The Program And Assert It Is Legal:......
From the other side:
Quote:

http://mediamatters.org/items/200605120014#2

.............<b>Richard Morin strikes again; skewed Post poll offers misleading support for NSA call monitoring</b>

The Washington Post continues <a href="http://mediamatters.org/items/200604150001#3">its long history of highly questionable polling practices</a> under the leadership of polling director Richard Morin, rushing to print the results of a hasty and poorly worded poll question about the Bush administration's monitoring of Americans' phone calls.

On Friday morning, the Post <a href="http://mediamatters.org/rd?http://www.washingtonpost.com/wp-srv/politics/polls/postpoll_nsa_051206.htm">reported</a> the results of a poll that it conducted over only one evening, just hours after the call-tracking program was first revealed to the American people. As if the timing and duration of the poll weren't reason enough to be skeptical about its results, the question itself was worded in a way that must have pleased White House senior adviser Karl Rove:

It's been reported that the National Security Agency has been collecting the phone call records of tens of millions of Americans. It then analyzes calling patterns in an effort to identify possible terrorism suspects, without listening to or recording the conversations. Would you consider this an acceptable or unacceptable way for the federal government to investigate terrorism? Do you feel that way strongly or somewhat?

The Post twice asserted that the purpose of the program is to fight terrorism. Aside from the fact that playing up the purported anti-terrorism purpose of the program was likely to influence respondents, the Post simply had no basis for this assertion -- other than the word of the Bush administration.

The only reason to believe the call monitoring is used only to fight terrorism is that the Bush administration says so -- the same administration that said Iraq had weapons of mass destruction, and the same administration that said it was monitoring only international calls of suspected terrorists. Not exactly the most credible people you'll ever encounter. On the other hand, we've seen credible reports that <a href="http://mediamatters.org/rd?http://www.mydd.com/story/2006/2/6/1628/90153">the administration is spying on Bush critics and war protestors.</a> Interestingly, Hayden, who played a key role in developing and implementing the Bush domestic spying operation, has <a href="http://mediamatters.org/items/200605080011">twice refused</a> to explicitly say that the administration is not spying on political opponents..............
How much imagination does it take to understand and be very dismayed about the potential for abuse and repression that this obsessively partisan and secretive administration might be capable of, using the phone bill data it has perusaded the telcos to hand over to it.

If war breaks out with Iran, or is seriously contemplated, how about a list of phone numbers of Americans who make or receive frequent calls to or from those Americans of Iranian descent who live in the U.S., singled out by the calls that they make to and receive from Iran?

How about a search that reults in lists of names and addresses of all those who call the NRA, or gun or ammo dealers? How about a list of all the folks who make and receive calls from the first group who are known to call the NRA or gun and ammo dealers? It's an easy way to make lists of homes to search first when and if 2nd amendment rights are suspended....

How about searches to find out who makes and receives frequent calls to M&A houses, like Goldman Sachs....who is suddenly talking frequently to Sachs M&A department...without warrants for these searches issued by a judge, even members of a trustworty and ethical executive branch, in a restored climate of 2 party, 3 branch "checks and balances" could be tempted to use the database to illegal or unfair financial advantage....

How about Sen. Russ Feingold? He called for a censure resolution of president Bush. Who is he calling frequently? Can we blackmail him into capitulation with knowledge of his calling and receipt of calls, patterns?

Who were John Kerry's most influential advisors and potential cabinet picks....say....one month before the 2004 presidential election? Who was Kerry talking to less or mor frequently than in September, 2004, Who did he stop talking to...have briefer or longer conversations with? Was he talking to anyone new?
Did he make any calls to numbers that might be spun as embarassing or difficult to explain, if the press was informed discretely.

C'mon...even die hard...."nothing to see here", reflexively supportive, terror fightin' folks who give Bush & co. every benefit of a doubt, must be able to sift through the potential for abuse when judicial oversight of phone number search requests are removed! Do you really believe that this secretive group at NSA and in the executive branch have had the entire depth and breadth of their unlawful activities totally exposed by the press?

If you still advocate for this? When would you object to it? It may already be too late to turn this back and hold these abusers accountable, now. Will it be easier on some future date, when you decide to object to it?

roachboy 05-12-2006 04:46 PM

i found this blog thing posted to the washington post to be interesting....

Quote:

William M. Arkin on National and Homeland Security
Telephone Records are just the Tip of NSA's Iceberg

The National Security Agency and other U.S. government organizations have developed hundreds of software programs and analytic tools to "harvest" intelligence, and they've created dozens of gigantic databases designed to discover potential terrorist activity both inside the United States and overseas.


These cutting edge tools -- some highly classified because of their functions and capabilities -- continually process hundreds of billions of what are called "structured" data records, including telephone call records and e-mail headers contained in information "feeds" that have been established to flow into the intelligence agencies.


The multi-billion dollar program, which began before 9/11 but has been accelerated since then. Well over 100 government contractors have participated, including both small boutique companies whose products include commercial off-the-shelf software and some of the largest defense contractors, who have developed specialized software and tools exclusively for government use.


USA Today provided a small window into this massive intelligence community program by reporting yesterday that the NSA was collecting and analyzing millions of telephone call records.

The call records are "structured data," that is, information maintained in a standardized format that can be easily analyzed by machine programs without human intervention. They're different from intercepts of actual communication between people in that they don't contain the "content" of the communications -- content that the Supreme Court has ruled is protected under the Fourth Amendment. You can think of call records as what's outside the envelope, as opposed to what's on the inside.


Once collected, the call records and other non-content communication are being churned through a mind boggling network of software and data mining tools to extract intelligence. And this NSA dominated program of ingestion, digestion, and distribution of potential intelligence raises profound questions about the privacy and civil liberties of all Americans.


Although there is no evidence that the harvesting programs have been involved in illegal activity or have been abused to reach into the lives of innocent Americans, their sheer scope, the number of "transactions" being tracked, raises questions as to whether an all-seeing domestic surveillance system isn't slowly being established, one that in just a few years time will be able to reveal the interactions of any targeted individual in near real time.


In late November 1998, the intelligence community and the Department of Defense established the Advanced Research and Development Activity in Information Technology (ARDA), a government consortium charged with incubating and developing "revolutionary" research and development in the field of intelligence processing.


The Director of the National Security Agency (NSA) agreed to establish, as a component of the NSA, an organizational unit to carry out the functions of ARDA, overseeing the research program of the CIA, DIA, National Reconnaissance Office, and other defense and civilian intelligence agencies.


Beginning before 9/11, ARDA established an "information exploitation" program to fund and focus private research on operationally-relevant problems of exploiting the increasing torrents of digital data available to the intelligence community. Even with thousands of analysts, NSA and other agencies were falling behind in their ability to handle the volume of incoming material. Existing mainframe machine aided processes were also falling behind advances in information processing, particularly as the cost of computing power dramatically declined in the 1990s.


The information exploitation research program has funded hundreds of projects to find better ways to "pull" information, "push" information, and "navigate" and visualize information once assembled.


Pulling information refers to the ability of supported analysts to have question and answer capabilities. Starting with a known requirement, an analyst could submit questions to a Q&A system which in turn would "pull" the relevant information out of multiple data sources and repositories. NSA is seeking a Q&A system that can operate autonomously to interpret "pulled" information and provide automatic responses back to the analysts with little additional human intervention.


Pushing information refers to the software tools that would "blindly" and without supervision push intelligence to analysts even if they had not asked for the information. Research has sought to go beyond current data mining of "structured" records deeper profiling of massive unstructured data collections. Under the pushing information research thrust companies have been involved in efforts to uncover previously undetected patterns of activity from massive data sets. Software and tools are also being developed that will provide alerts to analysts when changes occur in newly arrived, but unanalyzed massive data collections, such as telephone records.


The effort to navigate and visualize information seeks to develop analytic tools that will allow agency analysts to take hundreds or even thousands of small pieces of information and automatically create a tailored and logical "picture" of that information. Using visualization tools and techniques, intelligence analysts are constantly seeking out previously unknown links and connections between individual pieces of information.


Intelligence community efforts to process "structured" data includes data-tagged signals intelligence (SIGINT) monitoring of telephone and radio communications, imagery, human intelligence reporting, and "open-source" commercial data, including news media reporting. "Unstructured" data includes news and Internet video and audio and document exploitation.


I could write volumes about the research efforts and the software programs and tools used to process the mountains of information the NSA and other agencies ingest. No doubt over the coming days and weeks, more will be written. For today though, I provide a pointer, based upon my research, of software, tools and intelligence databases that I have been able to identify in government documents relating to data mining, link analysis, and ingestion, digestion, and distribution of intelligence. My hope would be that other journalists and researchers will follow the leads.
source: http://blog.washingtonpost.com/early...the.html#20161

Jack1.0 05-12-2006 06:16 PM

I know that people are frightened of the loss of privacy that they think this represents but I have to wonder if people realize what is at stake here. Terrorist organizations like Al Qaeda are trying to acquire nuclear, biological, and chemical weapons, and they want to detonate these weapons inside America where the casualties could be MILLIONS of DEATHS.

I don’t care if the NSA discovers that I only call my mother twice a month, if they can track and discover a plot to detonate a nuclear bomb in LA, New York, or Atlanta. How many TFP’rs do we know that live in or near these prime targets?

Unfortunately now the press has show the terrorists the phone company to change to if they don't want to have their calling patterns analyzed.

rainheart 05-12-2006 07:00 PM

Quote:

Originally Posted by Jack1.0
I know that people are frightened of the loss of privacy that they think this represents but I have to wonder if people realize what is at stake here. Terrorist organizations like Al Qaeda are trying to acquire nuclear, biological, and chemical weapons, and they want to detonate these weapons inside America where the casualties could be MILLIONS of DEATHS.

I don’t care if the NSA discovers that I only call my mother twice a month, if they can track and discover a plot to detonate a nuclear bomb in LA, New York, or Atlanta. How many TFP’rs do we know that live in or near these prime targets?

Unfortunately now the press has show the terrorists the phone company to change to if they don't want to have their calling patterns analyzed.

What you are saying is quite circular.

You imply that the ends justify the means when you say that allowing the government to compromise our freedoms for the sake of security is O.K.

But, what is a terrorist?
If the government was in fact too oppressive, wouldn't I then be justified in using means that could be defined as "terrorist" to achieve my ends: liberty?

You must understand that both terrorist groups who truly despise democratic organizations, and government administrations who truly despise democratic organizations- they are effectively throwning us into this vicious circle to prevent us from ever acquiring liberty.

But this would require you to put aside your preconceptions for a moment here and, just for a split second, accept such a premise. If nothing, it's definately at least the most interesting dillema I've ever come across, wouldn't you agree?

host 05-12-2006 07:19 PM

Quote:

Originally Posted by Jack1.0
I know that people are frightened of the loss of privacy that they think this represents but I have to wonder if people realize what is at stake here. Terrorist organizations like Al Qaeda are trying to acquire nuclear, biological, and chemical weapons, and they want to detonate these weapons inside America where the casualties could be MILLIONS of DEATHS.

I don’t care if the NSA discovers that I only call my mother twice a month, if they can track and discover a plot to detonate a nuclear bomb in LA, New York, or Atlanta. How many TFP’rs do we know that live in or near these prime targets?

Unfortunately now the press has show the terrorists the phone company to change to if they don't want to have their calling patterns analyzed.

Are the NY Times & USA Today reporters and editors who publicly reported the warrantless NSA domestic wire tapping and the telephone company secret handover of our private phone call billing records to the NSA, the U.S.government employees who leaked the details to the newspapers, and VP Cheney's chief of staff, Scooter Libby, who leaked the name of a classified CIA operative to news reporters, <b>all helping the "bad people"?</b>

They must all really hate America.

Now that the terrorists have been tipped off not to make phone calls, can we go back to having the government follow the law, and honor the 4th amendment requirement that judges review the evidence and issue search warrants where they deem government requests to be appropriate?

Since this crisis demands that we all trade our freedom for security if we have any hope of thwarting the terrorists, wouldn't a live feed video camera installed by and monitored by local police in every private home....just to make sure that none of us are sheltering a terrorist...or two....and brief, thrice weekly polygraph tests, administered to each of us, for convenience sake....by our mailman or at a table at the entrance to our Wal-mart, and on Sunday at our church......just to make sure that none of us are lying about not having any terrorist connections....be just the ticket to help president Bush seperate us loyal citizens from the bad people?

Elphaba 05-12-2006 07:49 PM

Stevo
Quote:

The article is misleading. Yes, you need a warrant to obtain phone records of an individual. But that is not exactly what is going on. There are no names/individuals attached to these numbers. It is nothing but a list of numbers. Its the same data you get in the mail every month. Do they need a court order to "obtain" the data and send you a bill? No.
Stevo, you are either naive or believe the rest of us are. I have read in today's papers that there are numerous public directories sorted by phone number or address. In fact, give me your phone number and I will find your name and address in my 2006 Cole Information Services Directory. If a reverse directory like this is available to the general public, why would you believe that this or something far more sophisticated isn't available to NSA?

If you doubt me... www.coleinformation.com

host 05-12-2006 07:59 PM

Post deleted.

If you wish to post satire, post it in Nonsense. It is not allowed in Politics.

host 05-12-2006 10:54 PM

'kay....fun time's over !

Does it strike anyone else as odd, that suddenly, just in the last couple of years, an advanced society like the U.S., which has a string of historic successes, setbacks, and remarkable comebacks, just can't seem to do anything right, especially in the areas of government management, military planning, software and electronic systems, except when partisan politics are involved?

Just for May 12, there are three dozen, MSM reports about flawed and insecure software or otherwise inoperable Diebold and Sequoia electronic voting systems, all over the country:
http://www.tfproject.org/tfp/showthr...16#post2061616

But...the NSA seems to have no problem with it's monitoring of our formerly anonymous activities and communications with it's new super secret and super capable date management and mining software and electronics!

FEMA management was packed with Bush's unqualified political cronies when Katrina struck New Orleans, and the disaster response and relief was incredibly slow, and inadequate....

Four years earlier...within 48 hours of a call for the republican party "faithful" to descend upon Florida to counter 2000 presidential election vote recount efforts, 700 congressional staffers, and other hopeful republican politcal patronage job seekers arrived to stage well organized, fake protests designed to intimidate local Florida polling officials and make it appear, in front of TV news cameras, that the atmosphere was chaotic in order to discredit efforts to re-count disputed ballots.
http://www.tfproject.org/tfp/showthr...mi#post2048366

The invasion of Iraq went flawlessly, but securing order in it's aftermath, and managing the occupation and reconstruction of the country was a disaster.

The CIA recruited Saddam's foreign minister and it's analysts were skeptical of administration claims of vast WMD stockpiles and reconstituted WMD manufacturing programs. Ten visits to Langley by VP Cheney and disinterest in the "no WMD" claims of the "turned" Iraqi foreign minister, supported by the lies of the drunken and discredited single source, "curveball", turned things around. The CIA "got it". They were on board with views that complimented what the administration needed to invade Iraq.

Then came reform....Porter Goss as new CIA director and his handpicked #3,
Dusty Foggo. Now...the CIA is in shambles, Goss resigned after purging all the experienced covert section hands out of the agency, leaving it stocked up with loyal partisan hacks. Foggo resigned, too, and today his house and CIA office were raided by a joint DOJ, DIA, and CIA Inspector General taskforce, looking for evidence that Foggo took bribes in exchange for contracts awarded to his best friend and "Briber #1" in the Randy Cunningham indictments, Brent Wilkes.

K Street was transformed by republicans into a super efficient revenue in exchange for federal legislation, thanks to the teams of Delay, Santorum, and Abramoff. The lobbyists, like the ones for the oil and pharma industries, wrote the energy and medicare prescription legislation, every republican legislator who voted with Delay, received campaign funds and perks from Abramoff. This was a tremendously well managed, one party lobbying system that generated jobs for outgoing legislators and their former staffers.

No spending controls could be proposed in congress and passed. Only tax cuts favoring the rich and mushrooming federal deficits were achieved on the budget management side.

"Brownie", at FEMA, the fired Arabian horse judge who mismanaged N.O. relief, the man who Bush praised just a week before he dismissed him, proved to be no lesson learned or impediment to the one thing that Bush does right.

Rewarding incompetent political hacks with important jobs continued as usual:
Alice Fisher has no experience as a federal prosecutor. Julie Myers is Gen. Richard Myer's niece:
Quote:

http://www.law.com/jsp/dc/PubArticle...hub=TopStories
Chertoff's Wake
The DHS chief's coattails extend to the administration's highest levels

By Jason McLure
Legal Times
January 23, 2006

After a rocky year, things are looking brighter for some protégés of Homeland Security Secretary Michael Chertoff.

On Jan. 4, President George W. Bush granted a recess appointment to Julie Myers, making the 36-year-old former Chertoff chief of staff the head of Homeland Security’s 15,000-employee Immigration and Customs Enforcement.

Just a day earlier, Alice Fisher, Chertoff’s former deputy at the Justice Department who now heads the DOJ’s Criminal Division, had been on national television touting the guilty plea federal prosecutors had extracted from Jack Abramoff......

........Some have had an easier time in their roles than others. Myers perhaps suffered the most by her association with the post-Katrina Chertoff.

Myers and Chertoff both worked on the Whitewater investigation; Chertoff was special counsel to the Senate, and later Myers was a junior lawyer in independent counsel Kenneth Starr’s office. After brief stints as an assistant U.S. attorney for the Eastern District of New York and at the Treasury Department, Myers became Chertoff’s chief of staff in November 2002, during his tenure as assistant attorney general in charge of the DOJ’s Criminal Division...........

........But when Chertoff returned to the Bush administration last year, he hadn’t forgotten Myers, who had job-hopped from Justice to the Commerce Department to the White House’s personnel office.

Her confirmation hearings couldn’t have come at a tougher time. It was Sept. 15, 2005, and the political winds stirred up by Homeland Security’s botched response to Hurricane Katrina were still blowing through Congress. Three days earlier, Michael Brown had resigned in disgrace as director of the Federal Emergency Management Agency, and Congress and the media were on the hunt for underqualified Bush administration cronies.

Myers fit the bill. Nominated to become head of the federal government’s second-largest investigative agency, Myers had virtually no experience in immigration policy and a thin record of management of any sort. (Myers was unavailable for an interview. A spokesman for her office issued a statement saying, “She has great respect for Michael Chertoff and is extremely proud of her work with him.” ) And it couldn’t have helped that the other DHS nominee before the Senate committee was Stewart Baker, an older and deeply experienced Washington lawyer and policy-maker who is now assistant secretary for policy at the department.

“I think we ought to have a meeting with [DHS Secretary] Mike Chertoff, either privately or publicly, to ask him why he particularly . . . thinks you’re qualified for the job,” Sen. George Voinovich (R-Ohio) told Myers, with her parents, her fiancé, and her future in-laws looking on from the audience. Because based on the résumé, I don’t think you are.”

But Voinovich had hit on Myers’ ace in the hole. Chertoff would not only speak privately with Voinovich but, according to one of the senator’s aides, would play a key role in persuading the senator to back her nomination. When Bush bypassed the Senate to give Myers a controversial recess appointment over the holidays, there was nary a protest from the normally independent-minded Voinovich. “He believes she has the potential to be a good manager,” says Marcie Ridgway, Voinovich’s press secretary.

If Myers’ credentials aren’t impeccable, her connections certainly are. She is the niece of Gen. Richard Myers, the former chairman of the Joint Chiefs of Staff. Upon taking the helm at the DHS, Chertoff tapped her then-fiance (now husband), John Wood, who was once an aide to former Attorney General John Ashcroft, to be his chief of staff.

But Myers is far from the only government lawyer whose career has taken off after working for Chertoff. There’s also Alice Fisher, who worked with Chertoff on the Whitewater investigation. After Fisher left the Senate committee, she joined Latham & Watkins, Chertoff’s old firm. She became a partner at the firm in 2001, just as Chertoff tapped her to become one of five deputy assistants at the Criminal Division...........
When there is a direct politcal, PR, or patronage quid pro quo, these folks never miss a beat. With everything else they (mis)manage, Haliburton, KBR, or some other connected corp, on their no-bid list of cleaner uppers and fixers is called in to make big profits from our money, often with poor performance and shoddy, or contaminated, or criminally marked up supplies and materials.

Things work when they want them to....and they don't want the e-voting machines to work. They intend for the november election to be enveloped in a chaotic climate similar to post invasion Iraq, and post Katrina Gulf coast. They can steal much more in that kind of climate.

Jack1.0 05-13-2006 10:24 AM

Quote:

Originally Posted by host
Since this crisis demands that we all trade our freedom for security if we have any hope of thwarting the terrorists, wouldn't a live feed video camera installed by and monitored by local police in every private home....just to make sure that none of us are sheltering a terrorist...or two....and brief, thrice weekly polygraph tests, administered to each of us, for convenience sake....by our mailman or at a table at the entrance to our Wal-mart, and on Sunday at our church......just to make sure that none of us are lying about not having any terrorist connections....be just the ticket to help president Bush seperate us loyal citizens from the bad people?

No, but I don't care if the government asks a phone company for a list of numbers that I have called.

Arguments don't have to rely on extremes. A rain drop does not mean that it will flood tonight. Giving up a list of numbers does not mean I am willing to put cameras in my home.

host 05-13-2006 11:20 AM

Quote:

Originally Posted by Jack1.0
No, but I don't care if the government asks a phone company for a list of numbers that I have called.

Arguments don't have to rely on extremes. A rain drop does not mean that it will flood tonight. Giving up a list of numbers does not mean I am willing to put cameras in my home.

So...it isn't extreme for the government to ask the telcos to break the law, and then use the telephone numbers that it shouldn't have gotten from them in the first place, and "data mine" the database of telephone numbers, to find out whatever it secretly chooses to know. You don't care about the potential for the government to blackmail or harass political opponents or constitutionally protected dissidents, when the government learns who they are calling, when the contacts begin, how frequently they happen, how long they last....etc. You are unconcerned about the political party in power knowing who the opposition candidates are talking to....how often, and who the opposition's contacts are talking to, etc.

This is why warrants are required by law. When warrants are not obtained, there is no examination by an impartial judge as to how appropriate the request for the warrant is, how large the scope of the investigation is, when the warrant is obtained, the duration of the warrant authorization, the confines of who and what the warrant is authorized by the judge to search for, and no "chain of evidence" that can later be used in court, in a prosecution based on the evidence obtained via the warrant, can happen.

The current, warrantless method is unlawful, exempts folks who are Qwest telco customers, offers no safeguards that the data mining info won't be abused for political purposes, or in an illegal "set up".... calls can be made from or to a targeted opposition politician or dissident, from or to a phone number that, when disclosed, or leaked, will embarass the target, hurt his marriage, or his reputation with his employer. Examples are phony calls to or from a porno store, a brothel, even an old girlfriend, ex-wife, rival company, employment recruiter....are you starting to consider how warrantless searches can be abused???

The "camera in your home", installed and observed via local police, is no more extreme an idea, than the reality that USA Today disclosed. It's illegal. Why isn't the DOJ prosecuting the phone companies that the NSA persuaded to break the law?
Quote:

http://www.journalnow.com/servlet/Sa...=1137836047737
Saturday, May 13, 2006
20-year-old law prohibits divulging phone records
Government can ask, but companies can't give data

LOS ANGELES TIMES

......The law does not make it illegal for the government to ask for such records. Rather, it makes it illegal for phone companies to divulge them.

The Electronic Communications Privacy Act of 1986 was passed when cell phones and the Internet were emerging as new forms of communication. Section 2702 of the law says that these providers of "electronic communications ... shall not knowingly divulge a record or other information pertaining to a subscriber or customer ... to any government entity."

Companies that violate the law are subjected to being sued and paying damages of at least $1,000 for each violation for each customer. A lawsuit was filed yesterday against Verizon.

"It is simply illegal for a telephone company to turn over caller records without some form of legal process, such as a court order or a subpoena," said James X. Dempsey, a lawyer for the Center for Democracy and Technology in San Francisco.

The 1986 law "was Congress's effort to create a comprehensive privacy right and to apply it to all forms of electronic communications," said Dempsey, who was then a counsel to the House Judiciary Committee.

Kerr and Dempsey said that it is hard to analyze the legal situation because neither the Bush administration nor the phone companies has explained the legal basis for divulging the records. Under the law as written, "it looks like the disclosure is not allowed," Kerr said.

The Supreme Court and Congress have taken turns defining the privacy rights of Americans involving phone calls.

The Fourth Amendment forbids "unreasonable searches and seizures" by the government. But until 1967, a search generally was limited to the police entering a home.

That year, the court said that a government agent listening to a private phone call was the equivalent of a search. That ruling, in Katz vs. United States, required police and federal agents thereafter to obtain a search warrant from a judge before they wiretapped a phone.

Still, phone records are not the same as phone conversations, and the Supreme Court refused to extend the privacy protections of the Fourth Amendment to a list of dialed phone numbers.

"We doubt that people in general entertain any actual expectation of privacy in the (phone) number they dial," the court said in the 1979 case of Smith vs. Maryland. This ruling gave the police freedom to obtain phone records without a warrant.

To close that loophole, Congress then enacted the Electronic Communications Privacy Act forbidding the phone companies from divulging phone records.....
Quote:

http://www.usatoday.com/news/washing...tm?POE=NEWISVA
NSA has massive database of Americans' phone calls
Updated 5/11/2006

.........One company differs

One major telecommunications company declined to participate in the program: Qwest.

According to sources familiar with the events, Qwest's CEO at the time, Joe Nacchio, was deeply troubled by the NSA's assertion that Qwest didn't need a court order — or approval under FISA — to proceed. Adding to the tension, Qwest was unclear about who, exactly, would have access to its customers' information and how that information might be used.

Financial implications were also a concern, the sources said. Carriers that illegally divulge calling information can be subjected to heavy fines. The NSA was asking Qwest to turn over millions of records. The fines, in the aggregate, could have been substantial.

The NSA told Qwest that other government agencies, including the FBI, CIA and DEA, also might have access to the database, the sources said. As a matter of practice, the NSA regularly shares its information — known as "product" in intelligence circles — with other intelligence groups. Even so, Qwest's lawyers were troubled by the expansiveness of the NSA request, the sources said.

The NSA, which needed Qwest's participation to completely cover the country, pushed back hard.

Trying to put pressure on Qwest, NSA representatives pointedly told Qwest that it was the lone holdout among the big telecommunications companies. It also tried appealing to Qwest's patriotic side: In one meeting, an NSA representative suggested that Qwest's refusal to contribute to the database could compromise national security, one person recalled.

In addition, the agency suggested that Qwest's foot-dragging might affect its ability to get future classified work with the government. Like other big telecommunications companies, Qwest already had classified contracts and hoped to get more.

Unable to get comfortable with what NSA was proposing, Qwest's lawyers asked NSA to take its proposal to the FISA court. According to the sources, the agency refused.

The NSA's explanation did little to satisfy Qwest's lawyers. "They told (Qwest) they didn't want to do that because FISA might not agree with them," one person recalled. For similar reasons, this person said, NSA rejected Qwest's suggestion of getting a letter of authorization from the U.S. attorney general's office. A second person confirmed this version of events.

In June 2002, Nacchio resigned amid allegations that he had misled investors about Qwest's financial health. But Qwest's legal questions about the NSA request remained.

Unable to reach agreement, Nacchio's successor, Richard Notebaert, finally pulled the plug on the NSA talks in late 2004, the sources said.
Jack1.0, your argument relies totally on an extreme. It is extreme to advocate for the government convincing the telcos to break the law meant to protect our privacy. It is extreme for the government not to prosecute the telcos when they break the law by disclosing our telephone billing records without a warrant.

Maybe you support the party in power, and the elected officials from that party. Maybe you won't support the ones from the opposition party who someday unseat them. Maybe you have nothing to hide...so...you don't care if this government knows who you call. Why does it follow that you are so willing to give your rights and my rights, protected by law....away?

The law was passed 20 years ago to protect all of us from the potenital of government abuse by a warrantless assault on our privacy, or by the telcos selling our billing records to a private party. You are indifferent if that law is broken, but you think letting the police put a surveillance camera in your house is extreme. I want the law upheld, I want the government to prosecute companies who break it. I want search warrants obtained when the law requires it. You don't mind if the government decides to ignore the law, sometimes, selectively, if it's a mild enough instance, for you. Who has the more extreme position, you...or me?

At what point, between the telcos illegally handing over your billing record to the NSA, and local police installing a surveillance camera in your home, would you draw, the line....object....as I'm objecting now....if not when the law is first reported to be broken, or ignored, by the government?

roachboy 05-13-2006 12:43 PM

interesting account of the backstory of this nsa farce. note the roles of cheney and addington armed with their essentially fascist legal doctrine concerning the unlimited power of the executive in the context of a "state of exception"---fascist because of its origin in carl schmitt...

the interesting thing in it is the centrality of the (self-evidently empty) category of "terrorist" in the cheney arguments. i would assume that in the actual debates, the term was given a series of putative contents. but not here.

hayden's role should in itself be enough to tank hs nomination, one would hope.

well that and the fact that the nsa lawyers themselves thought the move illegal.

Quote:

May 14, 2006
Cheney Pushed U.S. to Widen Eavesdropping
By SCOTT SHANE and ERIC LICHTBLAU

WASHINGTON, May 13 ? In the weeks after the Sept. 11 attacks, Vice President Dick Cheney and his top legal adviser argued that the National Security Agency should intercept purely domestic telephone calls and e-mail messages without warrants in the hunt for terrorists, according to two senior intelligence officials.

But N.S.A. lawyers, trained in the agency's strict rules against domestic spying and reluctant to approve any eavesdropping without warrants, insisted that it should be limited to communications into and out of the country, said the officials, who were granted anonymity to discuss the debate inside the Bush administration late in 2001.

The N.S.A.'s position ultimately prevailed. But just how Gen. Michael V. Hayden, the director of the agency at the time, designed the program, persuaded wary N.S.A. officers to accept it and sold the White House on its limits is not yet fully clear.

As the program's overseer and chief salesman, General Hayden is certain to face questions about his role when he appears at a Senate hearing next week on his nomination as director of the Central Intelligence Agency. Criticism of the surveillance program, which some lawmakers say is illegal, flared again this week with the disclosure that the N.S.A. had collected the phone records of millions of Americans in an effort to track terror suspects.

By several accounts, including those of the two officials, General Hayden, a 61-year-old Air Force officer who left the agency last year to become principal deputy director of national intelligence, was the man in the middle as President Bush demanded that intelligence agencies act urgently to stop future attacks.

On one side was a strong-willed vice president and his longtime legal adviser, David S. Addington, who believed that the Constitution permitted spy agencies to take sweeping measures to defend the country. Later, Mr. Cheney would personally arrange tightly controlled briefings on the program for select members of Congress.

On the other side were some lawyers and officials at the largest American intelligence agency, which was battered by eavesdropping scandals in the 1970's and has since wielded its powerful technology with extreme care to avoid accusations of spying on Americans.

As in other areas of intelligence collection, including interrogation methods for terror suspects, Mr. Cheney and Mr. Addington took an aggressive view of what was permissible under the Constitution, the two intelligence officials said.

If people suspected of links to Al Qaeda made calls inside the United States, the vice president and Mr. Addington thought eavesdropping without warrants "could be done and should be done," one of them said.

He added: "That's not what the N.S.A. lawyers think."

The other official said there was "a very healthy debate" over the issue. The vice president's staff was "pushing and pushing, and it was up to the N.S.A. lawyers to draw a line and say absolutely not."

Both officials said they were speaking about the internal discussions because of the significant national security and civil liberty issues involved and because they thought it was important for citizens to understand the interplay between Mr. Cheney's office and the N.S.A. Both spoke favorably of General Hayden; one expressed no view on his nomination for the C.I.A. job, and the other was interviewed by The New York Times weeks before President Bush selected him.

Mr. Cheney's spokeswoman, Lee Anne McBride, declined to discuss the deliberations about the classified program.

"As the administration, including the vice president, has said, this is terrorist surveillance, not domestic surveillance," Ms. McBride said. "The vice president has explained this wartime measure is limited in scope and conducted in a lawful way that safeguards our civil liberties."

Spokespeople for the N.S.A. and for General Hayden declined to comment.

Even with the N.S.A. lawyers' reported success in limiting its scope, the program represents a fundamental expansion of the agency's practices, one that critics say is illegal. For the first time since 1978, when the Foreign Intelligence Surveillance Act was passed and began requiring court approval for all eavesdropping on United States soil, the N.S.A. is intentionally listening in on Americans' calls without warrants.

The spying that would become such a divisive issue for the White House and for General Hayden grew out of a meeting days after the Sept. 11 attacks, when President Bush gathered his senior intelligence aides to brainstorm about ways to head off another attack.

"Is there anything more we could be doing, given the current laws?" the president later recalled asking.

General Hayden stepped forward. "There is," he said, according to Mr. Bush's recounting of the conversation in March during a town-hall-style meeting in Cleveland.

By all accounts, General Hayden was the principal architect of the plan. He saw the opportunity to use the N.S.A.'s enormous technological capabilities by loosening restrictions on the agency's operations inside the United States.

For his part, Mr. Cheney helped justify the program with an expansive theory of presidential power, which he explained to traveling reporters a few days after The Times first reported on the program in December.

Mr. Cheney traced his views to his service as chief of staff to President Gerald Ford in the 1970's, when post-Watergate reforms, which included the FISA law, "served to erode the authority I think the president needs to be effective, especially in a national security area."

Senior intelligence officials outside the N.S.A. who discussed the matter in late 2001 with General Hayden said he accepted the White House and Justice Department argument that the president, as commander in chief, had the authority to approve such eavesdropping on international calls.

"Hayden was no cowboy on this," said another former intelligence official who was granted anonymity because it was the only way he would talk about a program that remains classified the program remains classified. "He was a stickler for staying within the framework laid out and making sure it was legal, and I think he believed that it was."

The official said General Hayden appeared particularly concerned about ensuring that one end of each conversation was outside the United States. For his employees at the N.S.A., whose mission is foreign intelligence, avoiding purely domestic eavesdropping appears to have been crucial.

But critics of the program say the law does not allow spying on a caller in the United States without a warrant, period ? no matter whether the call is domestic or international. "Both would violate FISA," said Nancy Libin, staff counsel at the Center for Democracy and Technology, a civil liberties group.

Ms. Libin said limiting the intercepts without warrants to international calls "may have been a political calculation, because it sounds more reassuring."

One indication that the restriction to international communications was dictated by more than legal considerations came at a House hearing last month. Asked whether the president had the authority to order eavesdropping without a warrant on purely domestic communications, Attorney General Alberto R. Gonzales replied, "I'm not going to rule it out."

Despite the decision to target only international calls and e-mail messages, some domestic traffic was picked up inadvertently because of difficulties posed by cell phone and e-mail technology in determining whether a user is on American soil, as The Times reported last year.

And one government official, who had access to intelligence from the intercepts that he said he would speak about only if granted anonymity, believes that some of the purely domestic eavesdropping in the program's early phase was intentional. No other officials have made that claim.

President Bush and other officials have denied that the program monitors any domestic calls. They have, however, generally stated their comments in the present tense, leaving open the question of whether domestic calls may have been captured before the program's rules were fully established.

After the program started, General Hayden was the one who briefed members of Congress on it and who later tried to dissuade The Times from reporting its existence.

When the newspaper published its first article on the program last December, General Hayden found himself on the defensive. He had often insisted in interviews and public testimony that the N.S.A. always followed laws protecting Americans' privacy. As the program's disclosure provoked an outcry, he had to square those assurances with the fact that the program sidestepped the FISA statute.

Nonetheless, General Hayden took on a prominent role in explaining and defending the program. He appeared at the White House alongside Mr. Gonzales, spoke on television and gave an impassioned speech at the National Press Club in January.

Some of the program's critics have found his visibility in defending a controversial presidential policy inappropriate for an intelligence professional. "There's some unhappiness at N.S.A. with Hayden taking such an upfront role," said Matthew M. Aid, an intelligence historian and former N.S.A. analyst who keeps in touch with some employees. "If the White House got them into this, why is Hayden the one taking the flak?"

But General Hayden seems determined to stand up for the agency's conduct ? and his own. In the press club speech, General Hayden recounted remarks he made to N.S.A. employees two days after the Sept. 11 attacks: "We are going to keep America free by making Americans feel safe again."

He said that the standards for what represented a "reasonable" intrusion into Americans' privacy had changed "as smoke billowed from two American cities and a Pennsylvania farm field."

"We acted accordingly," he said.

In the speech, General Hayden hinted at the internal discussion of the proper limits of the N.S.A. program. Although he did not mention Mr. Cheney or his staff, he said the decision to limit the eavesdropping to international phone calls and e-mail messages was "one of the decisions that had been made collectively."

"Certainly, I personally support it," he said.

President Defends Pick

WASHINGTON, May 13 (Bloomberg News) ? In his weekly radio address on Saturday, President Bush defended the qualifications of Gen. Michael V. Hayden to be director of the C.I.A. and sought to ease concern about a domestic eavesdropping program that the general helped create.

In General Hayden, "the men and women of the C.I.A. will have a strong leader who will support them as they work to disrupt terrorist attacks, penetrate closed societies and gain information that is vital to protecting our nation," Mr. Bush said.

He urged the Senate to confirm the general "promptly.
source: http://www.nytimes.com/2006/05/14/wa...rtner=homepage

Elphaba 05-13-2006 01:48 PM

I need to begin with a new premise when the latest scandal du jour arises. "This can only be a part of it; what else could they be doing?" Phone records and emails appear to be just the tip of the iceburg.

http://www.truthout.org/docs_2006/051306A.shtml


Quote:

Former NSA Officer Alleges Illegal Activities Under Hayden
By Chris Strohm
CongressDaily

Friday 12 May 2006

A former intelligence officer for the National Security Agency said he plans to tell Senate staffers next week that unlawful activity occurred at the agency under the supervision of Gen. Michael Hayden beyond what has been publicly reported, while hinting that it might have involved the illegal use of space-based satellites and systems to spy on U.S. citizens.

Russell Tice, who worked on what are known as "special access programs," has wanted to meet in a closed session with members of Congress and their staff since President Bush announced in December that he had secretly authorized the NSA to eavesdrop on U.S. citizens without a court order. In an interview late Thursday, Tice said the Senate Armed Services Committee finally asked him to meet next week in a secure facility on Capitol Hill.

Tice was fired from the NSA last May. He said he plans to tell the committee staffers the NSA conducted illegal and unconstitutional surveillance of U.S. citizens while he was there with the knowledge of Hayden, who has been nominated to become director of the CIA. Tice said one of his co-workers personally informed Hayden that illegal and unconstitutional activity was occurring.

The Senate Intelligence Committee plans to hold Hayden's confirmation hearing next week. "I think the people I talk to next week are going to be shocked when I tell them what I have to tell them. It's pretty hard to believe," Tice said. "I hope that they'll clean up the abuses and have some oversight into these programs, which doesn't exist right now."

Tice originally asked to meet with the Senate and House Intelligence committees, but they did not respond to his request. The NSA did not reply to written questions seeking comment for this story.

Tice said his information is different from the Terrorist Surveillance Program that Bush acknowledged in December and from news accounts this week that the NSA has been secretly collecting phone call records of millions of Americans.

"It's an angle that you haven't heard about yet," he said.

According to an unclassified resume, Tice was a specialist in space operations systems, command and control warfare, advanced technology and all-source collection analysis. During an 18-year career, he worked on some of the most secretive programs in the government.

Tice would not discuss with a reporter the details of his allegations, saying doing so would compromise classified information and put him at risk of going to jail. He said he "will not confirm or deny" if his allegations involve the illegal use of space systems and satellites.

Tice said he would raise concerns that illegal activity was occurring in electronic reports, but that his comments were deleted from those reports.

Tice was fired last May after the NSA ordered him to undergo psychological evaluations following a separate clash with agency leadership, and psychologists diagnosed him as being paranoid. Tice claimed the order to undergo the evaluations was retaliation for raising concerns. He also said he saw an independent psychologist who found no evidence that he has a mental disorder.

Hayden, on Capitol Hill Friday visiting with lawmakers, defended the secret surveillance programs he oversaw while head of the NSA as lawful and designed to "preserve the security and the liberty of the American people."

Hayden declined to comment on news reports about the NSA's database on private telephone calls, but spoke about the NSA's work in general terms, the Associated Press reported.

"Everything that the agency has done has been lawful. It's been briefed to the appropriate members of Congress," Hayden told reporters. "The only purpose of the agency's activities is to preserve the security and the liberty of the American people. And I think we've done that," he said.

White House Press Secretary Tony Snow said, "We're 100 percent behind Michael Hayden. ... There's no question about that, and [we are] confident that he is going to comport himself well and answer all the questions and concerns that members of the United States Senate may have in the process of confirmation."

SteelyLoins 05-14-2006 06:34 AM

Quote:

Originally Posted by maximusveritas
The funniest thing about this is listening to them try to defend it. Lott actually asked the question "Do we want security ... or do we want to get in a twit about our civil libertarian rights?" Wow. I won't even bother quoting Ben Franklin on this one. It's just too easy.

You know, I acutally didn't think it was a big deal when I first heard about it, but now I'm convinced they're doing something wrong. The more desperate their attempts to defend themselves become, the more guilty they must be.

"If the personal freedoms guaranteed by the Constitution inhibit the government's ability to govern the people, we should look to limit those guarantees."
- President Bill Clinton, August 12, 1993

One difference of note is that the current administration appears to be trying to look for terrorists, but when Clinton got 1,000 FBI files on Congressional representatives (of course, blackmail for voting a certain way was the furthest thing from his mind), nothing happened, and you barely read about it.

Of course, anything Clinton did is no longer relevant. It will be fun to use that "thinking" once Bush is out of office.

I'm mainly queasy about this because it sets a precedent for some future politician to misuse it for political gain.

SteelyLoins 05-14-2006 06:44 AM

Quote:

Originally Posted by Rekna
For those of you claiming that the government only has annonymous numbers grab your home phone number and type it into google and see what you get back. This doesn't work for all numbers but any numbers that appear in phonebooks it does (ie no cell phones).

I would feel better about this if the phone companies didn't give them the phone numbers and instead only gave them unique ID's for who was calling who and the government had to get warrents in order to determine which ID belonged to which phone number but even that is iffy.


Quote:

Originally Posted by Elphaba
Stevo

Stevo, you are either naive or believe the rest of us are. I have read in today's papers that there are numerous public directories sorted by phone number or address. In fact, give me your phone number and I will find your name and address in my 2006 Cole Information Services Directory. If a reverse directory like this is available to the general public, why would you believe that this or something far more sophisticated isn't available to NSA?

If you doubt me... www.coleinformation.com

Those directories have been around for thirty years, at least. I used to use the "reverse directory" in the library; now you don't have to drive there.
If the information is already public knowledge, it's a little late to gripe about the government having it.

And yes, I know that's not the same as the phone company records of calls.

If you're really concerned, buy one of those phones that you buy minutes for at a grocery store, register it online at an internet cafe, and you're home free. It's cheaper, anyway--cheating spouses just love them.

SteelyLoins 05-14-2006 06:48 AM

Quote:

Originally Posted by Elphaba
Stevo

Stevo, you are either naive or believe the rest of us are. I have read in today's papers that there are numerous public directories sorted by phone number or address. In fact, give me your phone number and I will find your name and address in my 2006 Cole Information Services Directory. If a reverse directory like this is available to the general public, why would you believe that this or something far more sophisticated isn't available to NSA?

If you doubt me... www.coleinformation.com

Great. Thanks for helping fund the companies that are responsible for all the junk mail and junk faxes I get.

SteelyLoins 05-14-2006 07:05 AM

Post deleted.


Retaliation is not the correct course of action. In future, please report to the mods.

hannukah harry 05-14-2006 07:32 AM

Post Deleted.

Please do not fan the flames.

host 05-14-2006 12:43 PM

Quote:

Originally Posted by SteelyLoins
"If the personal freedoms guaranteed by the Constitution inhibit the government's ability to govern the people, we should look to limit those guarantees."
- President Bill Clinton, August 12, 1993

One difference of note is that the current administration appears to be trying to look for terrorists, but when Clinton got 1,000 FBI files on Congressional representatives (of course, blackmail for voting a certain way was the furthest thing from his mind), nothing happened, and you barely read about it.

Of course, anything Clinton did is no longer relevant. It will be fun to use that "thinking" once Bush is out of office.

I'm mainly queasy about this because it sets a precedent for some future politician to misuse it for political gain.

SteelyLoins....the official historical record indicates that everything you posted about <b>"when Clinton got 1,000 FBI files on Congressional representatives "</b>is false, and/or misleading. The Starr report, displayed below, indicates that no criminal activity took place, that the matter was investigated by the office of special prosecutor, Kenneth Starr (investigated at the request of Attorney General, Janet Reno) and that the matter was investigated by congressional committee, "House Committee on Government Reform and Oversight". I personally recall watching Mr. Anthony Maresca testify before that committee, live....on TV.

Aside from the Plame CIA leak, there is no Special Prosecutor to investigate what the Bush administration has done, and there are no congressional committees investigating the Bush administration, aside from Sen. Pat Roberts penchant for delaying his two year old, "Phase II" pre-invasion Iraq intelligence handling.....by dividing and postponing his committees report, once again.

The contrast is glaring, today, SteelyLoins...no investigations by congress, no special prosecutor....vs. eight years of the Starr investigations against the Clinton administration, and $110 million expended. I guess that Clinton was just too smart for them, back then, huh? But it wasn't Clinton who was given a free ride....a pass. It is the current administration !
Quote:

http://www.oic-starr.gov/p000728b.htm
Press Release
Friday, July 28, 2000

Independent Counsel Robert W. Ray issued the following statement today:

The Special Division of the United States Court of Appeals for the District of Columbia Circuit issued an order unsealing the Final Report regarding this Office's investigation In re: Anthony Marceca (commonly known as the FBI Files matter). On March 16, 2000, the Independent Counsel concluded that no prosecutions were warranted in the FBI Files matter and closed the investigation with the filing of the Final Report with the Court. The Final Report in the FBI Files matter is now available to the public as the result of the Court's action today.

The Final Report in the FBI Files matter concludes that there was no substantial and credible evidence that any senior White House official, or First Lady Hillary Rodham Clinton, was involved in seeking confidential Federal Bureau of Investigation ("FBI") background reports of former White House staff from the prior administrations of President Bush and President Reagan.

The Report reaches that conclusion after determining that the evidence was insufficient to prove beyond a reasonable doubt that Anthony Marceca, a detailee to the White House Office of Personnel Security, made any knowingly false statements in connection with his requests for FBI background reports. According to the Report, Mr. Marceca represented that "access" was the reason for his requests for background reports from the FBI. The evidence established that that representation was false in hundreds of cases where Mr. Marceca requested the background reports of individuals who no longer required access to the White House. The Report concludes, however, that the evidence was insufficient to charge Mr. Marceca with making knowingly false statements because there was insufficient evidence that he ever asked for the background report of any individual knowing, before he made a request, that the individual no longer required access to the White House.

This conclusion rested upon this Office's analysis of the testimony of witnesses, in conjunction with computer records and physical evidence, which showed that Mr. Marceca requested FBI background reports using a list that did not distinguish between "active" and "inactive" passholders. The evidence regarding Mr. Marceca's use of the list suggested that Mr. Marceca did not target specific individuals to obtain their background reports. There was no evidence that Mr. Marceca contemporaneously sought to conceal his requests for the background reports of individuals who no longer required access to the White House. Mr. Marceca notified the supervisors in the former offices of the individuals whose background reports he had requested of the need for those individuals to obtain a new background investigation. Such notification suggests that Mr. Marceca did not request the background reports to collect derogatory information on political opponents of the current Administration.

Rather, it suggests that Mr. Marceca erroneously believed that the individuals whose reports he requested were still employed at the White House and needed access. Mr. Marceca's notations on certain background reports regarding suitability for continued employment at the White House also support the conclusion that Mr. Marceca did not know that the individuals whose reports he requested were no longer employed at the White House and did not need access.

The Report also cites the lack of supervision, training, and experience as factors that led to Mr. Marceca's requests for FBI background reports for individuals who had since left the White House. The sheer number of reports produced by the FBI to Mr. Marceca, according to the Report, should have raised concerns and prompted corrective action.

The Final Report also addresses Mr. Marceca's testimony before the House Committee on Government Reform and Oversight. The Report concludes that although portions of Mr. Marceca's testimony were false, the Independent Counsel declined to prosecute him because such a prosecution would not serve the purpose for which an independent counsel was appointed in this matter. Having concluded that no senior White House official, or Mrs. Clinton, was involved in obtaining FBI background reports, the Independent Counsel granted Mr. Marceca immunity to ensure full disclosure of all information relevant to the investigation.

The Final Report in In re: Anthony Marceca is available today at the main U.S. Government Bookstore at 710 North Capitol Street, N.W. in Washington, D.C. and online from GPO Access http://icreport.access.gpo.gov/, which also can be reached as a link from this Office's website www.oicray.com.

stevo 05-15-2006 05:15 AM

Quote:

Originally Posted by Elphaba
Stevo

Stevo, you are either naive or believe the rest of us are. I have read in today's papers that there are numerous public directories sorted by phone number or address. In fact, give me your phone number and I will find your name and address in my 2006 Cole Information Services Directory. If a reverse directory like this is available to the general public, why would you believe that this or something far more sophisticated isn't available to NSA?

If you doubt me... www.coleinformation.com

So when did you give up your anonimity? Perhaps when you signed up for phone service, got a number, and had you information published. Or when the NSA got a list of the calls you made from your phone provider. Like Ace said, take it up with your phone company.

In addition - I probably have your phone number, I probably have 90-95% of TFPers' numbers, if their in america. Well, not I, but my business. So yes, I know you can link numbers to names and so forth.

Charlatan 05-15-2006 05:35 AM

This thread is closed.

It's too bad that some of you can't follow the rules.


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