NSA’s Inspector General Appears to Be Disappearing 299 Deliberate Violations a Year

Bloomberg is getting a lot of attention for reporting the results of a still-classified (and unleaked) NSA Inspector General audit showing that NSA averages one rule violation a year.

Some National Security Agency analysts deliberately ignored restrictions on their authority to spy on Americans multiple times in the past decade, contradicting Obama administration officials’ and lawmakers’ statements that no willful violations occurred.

[snip]

The incidents, chronicled in a new report by the NSA’s inspector general, provide more evidence that U.S. agencies sometimes have violated legal and administrative restrictions on domestic spying, and may add to the pressure to bolster laws that govern intelligence activities.

The inspector general documented an average of one case per year over 10 years of intentionally inappropriate actions by people with access to the NSA’s vast electronic surveillance systems, according to an official familiar with the findings. The incidents were minor, the official said, speaking on the condition of anonymity to discuss classified intelligence. [my emphasis]

Now, perhaps the IG is using the rule laid out by Barton Gellman saying that intentionally inappropriate action that serves “the mission” isn’t an intentionally inappropriate action.

If they are performing the mission that the NSA wants them to perform, and nevertheless overstep their legal authority, make unauthorized interceptions or searches or retentions or sharing of secret information, that is not abuse, that’s a mistake.

But this seems to be another example of NSA’s funny math.

Because the NSA’s own internal count of such violations suggests there would be closer to 300 such violations a year (counting just those deemed a lack of due diligence). The 772 violations for the S2 Directorate in the first quarter of 2011 represented 89% of all NSA’s violations that quarter; if their 68 due diligence violations represented 89% of all due diligence violations (S2’s rate for due diligence violations is lower than the two other categories broken out), you’d expect 76 each quarter, or just over 300 a year.

So whereas the NSA is telling itself that there are 300 examples a year where someone doesn’t follow rules — not because they don’t know them (those are training violations) or because they make a data entry error (those are human error), but something else — it is telling Congress there is just one example a year.

Poof! Magic math.

Update: If Kimberly Dozier got it too, it’s an official leak.

They apparently don’t fire people who use all these spy tools to spy on their exes.

Two U.S. officials said one analyst was disciplined in years past for using NSA resources to track a former spouse. The officials spoke on condition of anonymity because they were not authorized to speak publicly.

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17 Responses to NSA’s Inspector General Appears to Be Disappearing 299 Deliberate Violations a Year

Emptywheel Twitterverse
bmaz @WerlySportsLaw No, it is absolute horsemanure. Why should "major" programs be allowed to go squat in other territory? This is insane.
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bmaz Seems legit! And Roger Goodell's mother appearing at the end was a nice touch! https://t.co/bhZdLpAX4C
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JimWhiteGNV RT @JulieDiCaro: They have a statue of Ray Lewis outside their stadium. https://t.co/PQ3w7BacW2
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bmaz It is all hard, oh so hard, to tell if our NFL love has been in vain https://t.co/QuA7EwWpKh
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bmaz Hey maybe the @NFL didn't know about Ideal Gas Law+other serial infirmities in their case+Sent Clement in uninformed https://t.co/JZpSKjLY2L
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bmaz But, hey, being "The Worldwide Leader" means can carry @NFL's water and never be sorry https://t.co/uFtqCGfc0L
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bmaz And then had their lead reporter, @mortreport delete his tweet and refuse to ever apologize for his @NFL stenography https://t.co/JZpSKjLY2L
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bmaz For anybody watching @NFL draft, just know this is same dishonest+unrepentant news org that manufactured #Deflategate out of thin air.
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bmaz The beyond insane and ungodly idiotic hype that @ESPN gives to collegiate, and now even high school. sports is pukeworthy. #StopYouAssholes
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JimWhiteGNV RT @banditref: Urban Meyer says every player is the best he's ever coached, then he leaves money on the dresser, puts on his pants, and wal…
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bmaz And, tonight, is yet another craven symbiosis of money grubbing jackholery between @NFL + @ESPN #AlwaysCrapOverTruth https://t.co/nozTp5OP50
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bmaz Extremely malignant factors like @mortreport and @ESPN created, out of whole cloth,the malignant idiocy of #Deflategate. #Sickening
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