Wyden and Udall: As with Torture, Intelligence Committee Lies about Efficacy

Mark Udall and Ron Wyden have persistently repeated one of the findings from the Senate Intelligence Committee torture report: the CIA gave inaccurate information about the program, and it wasn’t very effective.

So it’s unsurprising that they would go beyond their past questions whether the Section 215 dragnet of US person call records is effective to make it clear they had pushed for the Internet metadata program to be ended because it, too, is ineffective.

We are quite familiar with the bulk email records collection program that operated under the USA Patriot Act and has now been confirmed by senior intelligence officials. We were very concerned about this program’s impact on Americans’ civil liberties and privacy rights, and we spent a significant portion of 2011 pressing intelligence officials to provide evidence of its effectiveness. They were unable to do so, and the program was shut down that year.

[snip]

Intelligence officials have noted that the bulk email records program was discussed with both Congress and the Foreign Intelligence Surveillance Court. In our judgment it is also important to note that intelligence agencies made statements to both Congress and the Court that significantly exaggerated this program’s effectiveness. This experience demonstrates to us that intelligence agencies’ assessments of the usefulness of particular collection programs – even significant ones – are not always accurate. This experience has also led us to be skeptical of claims about the value of the bulk phone records collection program in particular.

We believe that the broader lesson here is that even though intelligence officials may be well-intentioned, assertions from intelligence agencies about the value and effectiveness of particular programs should not simply be accepted at face value by policymakers or oversight bodies any more than statements about the usefulness of other government programs should be taken at face value when they are made by other government officials. It is up to Congress, the courts and the public to ask the tough questions and press even experienced intelligence officials to back their assertions up with actual evidence, rather than simply deferring to these officials’ conclusions without challenging them.

We look forward to continuing the debate about the effectiveness of the ongoing Patriot Act phone records collection program in the days and weeks ahead.

This is actually what the Inspectors General have implied: that it’s not clear these programs are effective.

So why are we collecting dragnets of American communications for no good reason?

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13 Responses to Wyden and Udall: As with Torture, Intelligence Committee Lies about Efficacy

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Emptywheel Twitterverse
emptywheel @mattkbh I would call her Loretta, but that seems disrespectful. Can those talking football just use "Beast" to distinguish?
9mreplyretweetfavorite
emptywheel Dear @ChuckGrassley: Another question of expansive Exec Privilege you might look into are the 9000 pages withheld fr SSCI Torture Report.
12mreplyretweetfavorite
emptywheel If Democrats were smarter they'd get Lynch to lay out all the other areas of prosecutors discretion GOP loves.
13mreplyretweetfavorite
emptywheel Will say this for Lynch: She's got the "ongoing investigation" answer down.
17mreplyretweetfavorite
emptywheel (Shorter FOIA discussion) Cornyn: Your USA office sucked at FOIA. How do you feel abt transparency? Lynch: Exemption 7E
20mreplyretweetfavorite
bmaz @espinsegall @ThePlumLineGS @sam_baker I'd like to continue this circular discussion, but I am off to a Super Bowl event. Much more fun!
21mreplyretweetfavorite
bmaz @espinsegall @ThePlumLineGS @sam_baker hahaha that cracks me up.
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emptywheel Me, if I were AG nominee: "Dudes, if you've got such problem w/OLC nominating broad exec action, you shoulda done something abt Torture Yoo"
36mreplyretweetfavorite
emptywheel Somewhere behind L Lynch's unflappable exterior, she's giggling wildly at how frustrated Cruz is getting over her filibuster.
38mreplyretweetfavorite
bmaz @espinsegall @ThePlumLineGS @sam_baker "Put into evidence"? In what trial was that?
40mreplyretweetfavorite
bmaz @espinsegall @ThePlumLineGS @sam_baker You mean like all this other "intent evidence" being ginned up after the fact? We'll see.
42mreplyretweetfavorite
emptywheel @caidid "A list of all the best Garcia Marquez first sentences except his bestest first sentence."
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