All Three Branches Conduct Vaunted NSA Oversight!

Today, we learned this is what the vaunted Congressional oversight of NSA spying looks like.

Senate Intelligence Committee Chairman Dianne Feinstein (D-Calif.), who did not receive a copy of the 2012 audit [showing thousands of violations] until The Post asked her staff about it, said in a statement late Thursday that the committee “can and should do more to independently verify that NSA’s operations are appropriate, and its reports of compliance incidents are accurate.”

We learned this is what the vaunted FISA Court oversight of NSA spying looks like.

The chief judge of the Foreign Intelligence Surveillance Court said the court lacks the tools to independently verify how often the government’s surveillance breaks the court’s rules that aim to protect Americans’ privacy. Without taking drastic steps, it also cannot check the veracity of the government’s assertions that the violations its staff members report are unintentional mistakes.

“The FISC is forced to rely upon the accuracy of the information that is provided to the Court,” its chief, U.S. District Judge Reggie Walton, said in a written statement to The Washington Post. “The FISC does not have the capacity to investigate issues of noncompliance, and in that respect the FISC is in the same position as any other court when it comes to enforcing [government] compliance with its orders.”

We learned this is what the vaunted internal NSA oversight of NSA spying looks like.

The NSA uses the term “incidental” when it sweeps up the records of an American while targeting a foreigner or a U.S. person who is believed to be involved in terrorism. Official guidelines for NSA personnel say that kind of incident, pervasive under current practices, “does not constitute a . . . violation” and “does not have to be reported” to the NSA inspector general for inclusion in quarterly reports to Congress. Once added to its databases, absent other restrictions, the communications of Americans may be searched freely.

In one required tutorial, NSA collectors and analysts are taught to fill out oversight forms without giving “extraneous information” to “our FAA overseers.” FAA is a reference to the FISA Amendments Act of 2008, which granted broad new authorities to the NSA in exchange for regular audits from the Justice Department and the office of the Director of National Intelligence and periodic reports to Congress and the surveillance court.

Using real-world examples, the “Target Analyst Rationale Instructions” explain how NSA employees should strip out details and substitute generic descriptions of the evidence and analysis behind their targeting choices.

Vaunted. For well over 2 months. This is what they’ve been hailing.

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Emptywheel Twitterverse
emptywheel @tonybalogna I'm hearing of places closing in the Midwest, where population in decline. So that may explain difference.
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emptywheel @mattapuzzo & does Treasury have a probable cause standard below which records get dealt to UANI? Does it use same for banks (don't answer!)
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emptywheel @tonybalogna I've seen reports stores have been closing in any case--the Dollar market is down bc people don't even have money for that.
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emptywheel So now we have to worry 1) whether monopoly on Dollar sales will hurt consumers 2) whether neighborhoods will lose even Dollar stores?
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emptywheel RT @toddzwillich: $76 PER SHARE for Dollar Tree's acquisition of Family Dollar. So...happy shopping!
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bmaz @TyreJim @sarahjeong Smiting people on the beach will not help one learn the Rule of Perpetuities.
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bmaz @GrantWoods My 17 yr old daughter just watched Godfather with my wife two nights ago. She was stunned by it. Still holds up so well.
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bmaz @joshgerstein I will stand with you. 2 against 4!
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bmaz RT @JasonLeopold: .@MargotWilliams this is great rpting: Kuwait spent $745,960 in 2013 lobbying on behalf of two Guantanamo detainees http…
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bmaz RT @APDiploWriter: Frank&Dean stomped on the terra like few others. "@SamLDorn: @hiltzikm @jaketapper @BeschlossDC Another Sinatra gem: htt…
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bmaz @fordm But outrageous secrecy against the citizenry's interest never seems to catch on, unfortunately. Maybe theyll stick with it this time!
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bmaz RT @mtracey: Here's my email to @Sulliview regarding NYT reporter Michael Barbaro's uncritical retweeting of IDF propaganda http://t.co/L47
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