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

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Emptywheel Twitterverse
bmaz @ScottGreenfield @gideonstrumpet @LilianaSegura @roomfordebate Would be important to have a female voice on this.
6mreplyretweetfavorite
bmaz @ScottGreenfield @gideonstrumpet @roomfordebate And I REALLY hope @LilianaSegura weighs in, even in just a comment if doesn't want to post.
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bmaz @JoshuaADouglas @rickhasen @chrislhayes Heh, sure, but have to notice, so won't be 1st thing in am+ then well less than 24hrs before polls
26mreplyretweetfavorite
bmaz More Catcalling Debate Room Needed at New York Times https://t.co/Caw8SuM3MH Whereas @ScottGreenfield @gideonstrumpet and I fill the void
29mreplyretweetfavorite
emptywheel @Dymaxion Will they at least permit enough filmmakers to survive to film the dystopia as documentary? @matthew_d_green
37mreplyretweetfavorite
emptywheel @Dymaxion True. Though the feudal lords didn't have robots. @matthew_d_green
38mreplyretweetfavorite
emptywheel @matthew_d_green Feudalism worked fine for centuries. Biggest inconvenience is finding places to ski @Dymaxion
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bmaz @KagroX Yer gonna need the guns when Kaci Hickox comes for you on her bicycle.
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bmaz RT @mtaibbi: Reporting on a misuse of an off-the-record conversation is the same mistake, just magnified. And by the NYT? http://t.co/dYKOq
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bmaz RT @EliGP: Formula 1's big teams react to smaller teams' concerns: http://t.co/otoopgYHdK
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bmaz @JustinRaimondo @towards_freedom But they won't if a wing nut Republican wins?
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bmaz @ScottGreenfield @lawfareblog @OrinKerr @granick You saw my opening salvo I presume.
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