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 @ColMorrisDavis But they said this in 2004 and 2005 and 2007 and 2009 and 2010 and 2011 and 2012 and 2013.
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emptywheel Because nothing will make for better news programming than out-of-touch coastal elite in an RV "talking to voters." https://t.co/sQs2p3D9L7
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emptywheel Chuck Todd, w/health insurance so he doesn't think 500,000 people getting it anew is big deal, will Meet the Voters https://t.co/sQs2p3D9L7
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emptywheel @bmaz to be fair, PAA was birthed after all but Mueller moved on, and the problems came in part bc they changed things after Baker moved on
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bmaz RT @OrinKerr: Supreme Court denied cert in case on Davis good-faith exception to exclusionary rule, Aguiar v. US. Good news if you like exc…
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bmaz RT @EFF: In Smith v. Obama, the gov't seems to argue that the constitution has a national security exception. It doesn't: https://t.co/KZpY
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bmaz @emptywheel But, but, but....Hospital heroism!!
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bmaz @seanpaulkelley @JimWhiteGNV Come on man, @AmbassadorPower was absolutely awful on her own already, Kissinger just icing on the cake.
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bmaz @rickhasen It is absolutely brutal here. Airwaves are flooded by dark money ads against @FeleciaForAZ It is sick.
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bmaz @TimothyS @DougHenwood And thats because next President may appoint up to three Supreme Court justices. That cannot be left to a Republican
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bmaz @TimothyS @DougHenwood Fantastic article+agree completely with it. Still, if Hillary is the Dem who can win in 2016 I will vote for her.
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bmaz @jaketapper @evanperez Interesting he selected the banister issue, because they could have easily been pursued legally. So why weren't they?
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