Dianne Feinstein: We Need to Collect Data on Every Single American Because We Can’t Control Our Informants

I will have far, far more to say about the claims about the various surveillance programs aired on the Sunday shows today.

But this is absolutely batshit crazy.

FEINSTEIN: Well, of course, balance is a difficult thing to actually identify what it is, but I can tell you this: These programs are within the law. The [Section 215] business records section is reviewed by a federal judge every 90 days. It should be noted that the document that was released that was under seal, which reauthorized the program for another 90 days, came along with a second document that placed and discussed the strictures on the program. That document was not released.

So here’s what happens with that program. The program is essentially walled off within the NSA. There are limited numbers of people who have access to it. The only thing taken, as has been correctly expressed, is not content of a conversation, but the information that is generally on your telephone bill, which has been held not to be private personal property by the Supreme Court.

If there is strong suspicion that a terrorist outside of the country is trying to reach someone on the inside of the country, those numbers then can be obtained. If you want to collect content on the American, then a court order is issued.

So, the program has been used. Two cases have been declassified. One of them is the case of David Headley, who went to Mumbai, to the Taj hotel, and scoped it out for the terrorist attack. [my emphasis]

Dianne Feinstein says that one of the two plots where Section 215 prevented an attack was used (the other, about Najibullah Zazi, is equally batshit crazy, but I’ll return to that) is the Mumbai attack.

What’s she referring to is tracking our own informant, David Headley.

And it didn’t prevent any attack. The Mumbai attack was successful.

Our own informant. A successful attack. That’s her celebration of success 215′s use.

So her assertion is we need to collect metadata on every single American because DEA can’t keep control of its informants.

Update: Technically DiFi didn’t say this was a success, just that it had been used. I’ve edited the post accordingly.

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Emptywheel Twitterverse
emptywheel Thought of marriage equality coming to SC gives me even more glee than marriage equality in UT, & used to live there. http://t.co/tdUSgTS2Zy
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emptywheel @natnicol Really, entire bar comes down to whether you can keep necessaries away from proctor isn't it? Hell I could pass that! @sarahjeong
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emptywheel @TyreJim I've only started with them. But them, I'm half-way to dead and still have only a radiation tattoo. @sarahjeong
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emptywheel @TyreJim If her Tor sticker were the one the NSA uses, with the hairy "terrorist" dude, that'd be lethal too. @sarahjeong
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emptywheel Bibi likely thinking to himself, "Ha! That windsurfer had to have a girl defend him."
17mreplyretweetfavorite
bmaz @carimachet @kevinjonheller But don't blow shit up my ass and tell me what and how to think on legal issues.
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emptywheel @sarahjeong Sure you will! YOu're missing the "National Security Agency Monitored Device" one, which is the real sticker of death. @TyreJim
18mreplyretweetfavorite
bmaz @carimachet @kevinjonheller Would IHL if applied properly make a difference? Along with other modalities, of course. Is it currently, no.
18mreplyretweetfavorite
bmaz @carimachet @kevinjonheller No, I will not argue your point because you are egregiously mischaracterizing what Kevin has opined.
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emptywheel @TyreJim Was thinking that myself. Going into the bar exam and not prepping to litigate the meaning of "excessive." @sarahjeong
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bmaz @carimachet @kevinjonheller I have known, seen and read Kevin for quite a while now and think you are terribly mistaken.
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bmaz @ryanjreilly Getting pretty close to every time now, albeit some a little more shaded than others.
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