The 3 Hop Scotch of Civil Liberties and Privacy

I was in court, so I didn’t see it, but apparently there was a little hearing over at House Judiciary Committee this morning on “Oversight of the Administration’s Use of FISA Authorities“. There was an august roll of Administration authorities and private experts: Mr. James Cole, United States Department of Justice; Mr. John C. Inglis, National Security Agency; Mr. Robert S. Litt, ODNI; Ms. Stephanie Douglas, FBI National Security Branch; Mr. Stewart Baker; Mr. Steven G. Bradbury; Mr. Jameel Jaffer; and Ms. Kate Martin.

Hmmm, let’s take a look and see if anything interesting occurred (as reported by Pete Yost of AP). Uh, well, there was THIS:

For the first time, NSA deputy director John C. Inglis disclosed Wednesday that the agency sometimes conducts what’s known as three-hop analysis. That means the government can look at the phone data of a suspect terrorist, plus the data of all of his contacts, then all of those people’s contacts, and finally, all of those people’s contacts.

If the average person calls 40 unique people, three-hop analysis could allow the government to mine the records of 2.5 million Americans when investigating one suspected terrorist.
….
The government says it stores everybody’s phone records for five years. Cole explained that because the phone companies don’t keep records that long, the NSA had to build its own database.

Go read all of Yost’s report, there is quite a bit in there that is stunning in the blithe attitude the Administration takes on this hoovering of data and personal information. Also clear: Congress has no real grasp or control of the government’s actions. The Article I brakes are out and the Article II car is accelerating and careening down the road.

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bmaz @HanniFakhoury I am your institutional memory Fakhoury!
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bmaz @emptywheel YES!! How often, and in how many ways, do I have to express that??? #ComeOnMan
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bmaz @HanniFakhoury You CANNOT tell me you are shocked by this. I was though the 90s, but the record is too bad and too long now for that.
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JimWhiteGNV RT @MarkUdall: Briefing on @CIA IG rprt shows it's time for John Brennan to resign. As long as he heads #CIA, problems will persist: http:/…
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JimWhiteGNV RT @gregpmiller: CIA IG summary doesn't name Eatinger, but says atty who referred matter to DOJ "had been provided inaccurate information"…
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JimWhiteGNV RT @RonWyden: .@CIA broke into Senate computer files. Then tried to have Senate staff prosecuted. Absolutely unacceptable in a democracy.
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JimWhiteGNV RT @conor64: Who cares that John Brennan was wrong. It’s not like he’s unilaterally deciding who lives or dies in drone strikes or somethin…
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emptywheel @OrinKerr if US law reaches MSFT property overseas than domestic limits on spying should too, no?
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emptywheel @OrinKerr under that theory isn't stealing fr Google cable overseas illegal on several counts?
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JimWhiteGNV @CJonesScout I wanted Zunino in that deal for Rays!
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JimWhiteGNV I'm sure the spying on the Senate committee was done with lots of moral rectitude.
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emptywheel @Atrios menopause?
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