BREAKING: Iran Is a Terrorist Organization

I’m trying to sort through the irreconcilable claims about the Section 215 and PRISM/702 programs made in today’s Senate Appropriations Committee hearing on cyber.

But for now, I want to post Dianne Feinstein’s statement about what Section 215 does because, well, it seems Iran is now a terrorist. (This is around 1:55)

The Section 215 Business Records provision was created in 2001 in the PATRIOT for tangible things: hotel records, credit card statements, etcetera. Things that are not phone or email communications. The FBI uses that authority as part of its terrorism investigations. The NSA only uses Section 215 for phone call records — not for Google searches or other things. Under Section 215, NSA collects phone records pursuant to a court record. It can only look at that data after a showing that there is a reasonable, articulable that a specific individual is involved in terrorism, actually related to al Qaeda or Iran. At that point, the database can be searched. But that search only provides metadata, of those phone numbers. Of things that are in the phone bill. That person, um [flips paper] So the vast majority of records in the database are never accessed, and are deleted after a period of five years. To look at, or use content, a court warrant must be obtained.

Is that a fair description, or can you correct it in any way?

Keith Alexander: That is correct, Senator.

Frankly, Dianne Feinstein has appeared to keep her facts straight about Section 215, at least, better than Mike Rogers and James Clapper over the last week. But this statement conflicts in some important ways with what others are saying.

So maybe this is not accurate.

But according to DiFi — and backed by General Keith Alexander, head of NSA — Iran, along with al Qaeda, is now a terrorist organization.

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Emptywheel Twitterverse
bmaz @stephenlemons @RebekahLSanders @aliarau Yeah, but now it is going to be harder to take my growler boating.
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bmaz Better link for the previous DOJ-OPR tweet http://t.co/4U1gLWhHxm @MonaHol
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bmaz Two "liberal" Obama appointees, Patricia Millett+Nina Pillard join hack Janice Rogers Brown to screw Shirley Sherrod http://t.co/S9WMGtTJND
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bmaz @joshgerstein Bleech
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bmaz Another suspension+disbarment for former AUSA where DOJ-OPR and David Margolis had whitewashed misconduct http://t.co/2vHBkAjhmO
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bmaz @OBEYshiba The case was originally Hart v. Hill and was first filed in late 1970's. Carroll was the judge on it forever+left quite a record.
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bmaz @OBEYshiba Yes and no. Was good for Wake, but he was somewhat constrained by prior rulings in the case by Earl Carroll, the original judge.
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emptywheel @TimothyS But it's okay bc he's a Jesuit.
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emptywheel @TimothyS Oh wait--still unpub working thread. But check out DHS D that TTIC implemented. Start to finish this is Brennan.
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emptywheel @B_Amer Safe is most important. I assume you're headed via Missoula, tho? You'll like that.
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emptywheel @TimothyS I didn't forget! I did, however, add the bit abt TTIC starting this which is a nice prelude.
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emptywheel @B_Amer I hear you. Tomorrow, right?
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