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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Emptywheel Twitterverse
emptywheel Is anyone saving this hearing for posterity bc I just had the thought Sherrod did: Geithner would have said the same thing Dudley is.
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emptywheel RT @HanniFakhoury: Of the 500+ court orders Charlotte police obtained to use a Stingray since 2010, none actually mention Stingray: http://…
8mreplyretweetfavorite
emptywheel Don't think you're the only one. Big market opportunity RT @xeni: I fucking miss flip-phones
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emptywheel Really hoping someone turns this Warren/Dudley exchange into a fire marshall/cop on the beat animation.
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emptywheel Warren: Illegal behavior if you stumble. Dudley: I'd say see. Warren: But you're not looking.
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emptywheel LOLOL Warren: You don;t think you should do investigation, you just wait until it jumps in front of you?
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emptywheel Dudley: Not cop on a beat, more of a fire warden.
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emptywheel Did someone take "sufficient liquidity" as their drinking phrase for this Banking hearing? (Checking to see if it's still available...)
18mreplyretweetfavorite
emptywheel @Krhawkins5 That's why I said "battle."
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emptywheel In which @Krhawkins5 does a CIA email (battle) victory lap. http://t.co/nnDiDB6tkN
20mreplyretweetfavorite
emptywheel @alexisgoldstein Now you're just trolling. (Keep up the good work)
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emptywheel @ddayen Imagine what would happen if Brennan said, "I couldn't hunt down US-based terrorists bc London"?
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June 2013
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