Wyden & Udall to Alexander: Why Do You People Keep Lying?

According to a letter Ron Wyden and Mark Udall sent Keith Alexander, the NSA is still lying publicly. At issue are two inaccuracies in the information sheet the NSA released about Section 702 implementation.

We were disappointed to see that this fact sheet contains an inaccurate statement about how the section 702 authority has been interpreted by the US government. In our judgment this inaccuracy is significant, as it portrays protections for Americans’ privacy as being significantly stronger than they actually are.

While I’m not certain what inaccuracy they’re talking about here, I suspect it has to do with the US person contact info collected along with targets. Even a comparison of the minimization order and the NSA’s claims make it clear US person communication can be swept up more easily than they claim.

Then there’s this complaint, which explicitly objects to the suggestion that the government manages to purge US person data, which of course they also claim they don’t track.

Separately, this same fact sheet states that under Section 702, “Any inadvertently acquired communication of or concerning a US person must be promptly destroyed if it is neither relevant to the authorized purpose nor evidence of a crime.” We believe that this statement is somewhat misleading, in that it implies that the NSA has the ability to determine how many American communications it has collected under section 702, or that the law does not allow the NSA to deliberately search for the records of particular Americans. In fact, the intelligence community has told us repeatedly that it is “not reasonably possible to identify the number of people located in the United States whose communications may have been reviewed under the authority” of the FISA Amendments Act.

They make it clear the claim this information gets purged is false.

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JimWhiteGNV We will know that the GOP has chosen a new Speaker of the House when the tears flowing out of the cloakroom turn to blood.
JimWhiteGNV Disappointed that Zarif and Kerry didn't get Nobel Peace Prize.
emptywheel @eliasisquith same reason Mobil used to publish one of most functional US ones?
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bmaz @conor64 The Reposado Old Carbine is actually decent tequila! Not great, but pretty decent.
bmaz Then let the good Ms. Kerman do something to support public defenders. Otherwise, she is just a gadabout. https://t.co/G0IhMrWbcT
bmaz @steve_vladeck @just_security This is just stupid. Why doesn't Burke have the inherent supervisory authority to release? Why is he punting?
emptywheel @charlie_simpson You're sure they don't just make rash last minute decisions?
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emptywheel @hannahgais In 2000, I envisioned starting an investment fund inversely tied to political donations on theory big donors were cheating.
emptywheel @hannahgais The rich people are paying to make sure they aren't inconveniently governed.
emptywheel BillBel should issue a statement complaining that Jeb! used to bogart the joint. https://t.co/TbMdrdtQaj
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