DNI’s Latest “I Con” Speak: “Sift Through and Have Unfettered Access To”

The Director of National Intelligence, after having repeatedly refused to answer any questions about the WSJ’s big scoop in yesterday’s conference call, has released a new document pretending to debunk stories based on the WSJ (though not the WSJ itself). It reads, in part,

Press reports based on an article published in today’s Wall Street Journal mischaracterize aspects of NSA’s activities conducted under Section 702 of the Foreign Intelligence Surveillance Act. The NSA does not sift through and have unfettered access to 75% of the United States’ online communications.

The following are the facts:

  • Media reports based upon the recent Wall Street Journal (WSJ) article regarding NSA’s foreign intelligence activities provide an inaccurate and misleading picture of NSA’s collection programs, but especially with respect to NSA’s use of Section 702 of the Foreign Intelligence Surveillance Act (FISA).
  • The reports leave readers with the impression that NSA is sifting through as much as 75% of the United States’ online communications, which is simply not true.
  • In its foreign intelligence mission, and using all its authorities, NSA “touches” about 1.6%, and analysts only look at 0.00004%, of the world’s internet traffic.

Obviously, the government partly obscures its answer by presenting the global numbers when trying to debunk US numbers.

But more importantly, it builds a gigantic straw man with its “sift through and have unfettered access to” language. That’s not what the WSJ said (which is why DNI shifts its accusation).

The system has the capacity to reach roughly 75% of all U.S. Internet traffic in the hunt for foreign intelligence, including a wide array of communications by foreigners and Americans. In some cases, it retains the written content of emails sent between citizens within the U.S. and also filters domestic phone calls made with Internet technology, these people say.

[snip]

The surveillance system is built on relationships with telecommunications carriers that together cover about 75% of U.S. Internet communications.

The NSA doesn’t do all the sifting. The telecoms Americans are paying every month do the first sift (which means part of that 75% of US Internet traffic is inaccessible to the NSA).

But see what DNI doesn’t ever do? Refute the WSJ.

Which I assume means we can take as confirmation that the government and its pseudo-private partners the telecoms do, in fact, sift through 75% of US Internet traffic.

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4 Responses to DNI’s Latest “I Con” Speak: “Sift Through and Have Unfettered Access To”

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Emptywheel Twitterverse
bmaz @gracels @dcbigjohn That is a given.
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bmaz @gracels Naw, I have sat with @dcbigjohn My bet is you would actually like him quite a bit! Seriously. And he has passion for border stories
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bmaz @KanysLupin @emptywheel @MonaHol Not sure of context or question, but I would imagine prior statuses or placements on a list. Sorry, dunno.
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bmaz @dcbigjohn This is fucking outrageous.
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bmaz @kdrum Yeah. This is just ugly. I am turning to the Boise State game on ESPN2 I think. Or Netflix and a beer.
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bmaz @cody_k You are NOT doing very well quarterbacking the USC Trojans tonight. Not very helpful for the ASU Sun Devils. Please do better!
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bmaz Will NOBODY rid me of these pesky Bruins?? Jeez. This is what I get for needing help from, and rooting for, ONE TIME, the USC Trojans. #Ugly
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bmaz @gracels @21law @jacklgoldsmith As much as I hate it, yeah, they are their own little fiefdoms. Again, I go off what I see where I practice.
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bmaz @21law @gracels @jacklgoldsmith If properly charged and within boundaries of state, yes amenable to process for Rule 8 state speedy trial
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bmaz @gracels @21law @jacklgoldsmith well, want the conviction for that purpose+willing to lock em up here even if no deport. thats my concern.
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bmaz @21law @gracels @jacklgoldsmith In fact, willfully itinerant and belligerent to Fed policy when they can be. Think lot of GOP places may be.
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bmaz @21law @gracels @jacklgoldsmith Ah, thanks. We shall see. But my experience here is county prosecutors are undeterred by Fed policies.
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