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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bmaz RT @StephanieKelton: We may have forgotten how to build #infrastructure but we sure know how to dig a hole. http://t.co/9sj2j3GIwT
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emptywheel @BradMossEsq Hahah. Next time you lose an argument so badly, you might warn @MarkSZaidEsq not to pile on against you.
17mreplyretweetfavorite
emptywheel @BradMossEsq And you did so with EVERYONE, save (remarkably) @MarkSZaidEsq who said that docs released bc of Snowden.
18mreplyretweetfavorite
emptywheel @BradMossEsq You are the ONLY one who used term "justify." You invented that claim! @MarkSZaidEsq
18mreplyretweetfavorite
emptywheel @BradMossEsq Because @MarkSZaidEsq helped me demonstrate how stupid your claims and subsequent claims are?
19mreplyretweetfavorite
bmaz RT @NPRinskeep: After fleeing Honduras for the US, some minors claim they were mistreated in custody. @MorningEdition http://t.co/zvns3MFSau
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emptywheel @BradMossEsq Mind you, it'd be absurd to claim @MarkSZaidEsq is engaging in graymail. See how dumb that claim is in reality?
20mreplyretweetfavorite
emptywheel @BradMossEsq Are you going to ask @MarkSZaidEsq whether he's engaging in graymail now like you asked everyone else?
21mreplyretweetfavorite
emptywheel @BradMossEsq Actually, it is. Which is why it was so insane. @MarkSZaidEsq
22mreplyretweetfavorite
emptywheel RT @MarkSZaidEsq: Certainly there were declassification decisions reached Bc Snowden leaked docs. That was part of consideration.
22mreplyretweetfavorite
emptywheel @MarkSZaidEsq Please let @BradMossEsq know that then, bc that's what he was denying.
23mreplyretweetfavorite
emptywheel @MarkSZaidEsq Again, my very narrow point is everything he wrote--all superb--I had written off declass court & training docs @BradMossEsq
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