More Contractor Problems — And FISC Disclosure Problems?

In the updated minimization procedures approved in 2011, the NSA added language making clear that the procedures applied to everyone doing analysis for NSA.

For the purposes of these procedures, the terms “National Security Agency” and “NSA personnel” refer to any employees of the National Security Agency/Central Security Service (“NSA/CSS” or “NSA”) and any other personnel engaged in Signals Intelligence (SIGINT) operations authorized pursuant to section 702 of the Act if such operations are executed under the direction, authority, or control of the Director, NSA/Chief, CSS (DIRNSA).

It told the FISA Court it needed this language to make it clear that militarily-deployed NSA personnel also had to abide by them.

The government has added language to Section 1 to make explicit that the procedures apply not only to NSA employees, but also to any other persons engaged in Section 702-related activities that are conducted under the direction, authority or control of the Director of the NSA. NSA Minimization Procedures at 1. According to the government, this new language is intended to clarify that Central Security Service personnel conducting signals intelligence operations authorized by Section 702 are bound by the procedures, even when they are deployed with a military unit and subject to the military chain of command.

But to me both these passages rang alarms about contractors. Did they have to include this language, I wondered, because contractors in the past had claimed not to be bound by the same rules NSA’s direct employees were?

Lo and behold the Bloomberg piece reporting that NSA’s IG undercounts deliberate violations by roughly 299 a year includes this:

The actions, said a second U.S. official briefed on them, were the work of overzealous NSA employees or contractors eager to prevent any encore to the Sept. 11, 2001, terrorist attacks.

It sure seems that at least some of the worst violations — the ones even NSA’s IG will call intentional — were committed by contractors. Which suggests I may be right about the inclusion of that language to make it clear it applies to contractors.

If that’s the case, then why did NSA tell the FISA Court this new language was about militarily-deployed NSA employees, and not about contractors?

 

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One Response to More Contractor Problems — And FISC Disclosure Problems?

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Emptywheel Twitterverse
emptywheel @ShaunKing That's a Page as distinct from a post. Different category. Then you need to tell WP where you want it to shot up.
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bmaz Wolverweenies apparently bought the same corrupt refs Notre Dame regularly does. Only way they can win! #SayNoToBoMerlot
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bmaz @downwithtyranny @Atrios Also, if "material support for terrorism" can be applied to youths who cant afford tennis shoes, then Pete King too
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bmaz @downwithtyranny @Atrios Cause out here in desert, we still wear those Corbin, Brooks+other summer suits. DC reporters NOT fashion arbiters!
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bmaz @downwithtyranny @Atrios Wait a second Howie, you are not on the Tan Suit killer crew are you?? OK, didn't think so.
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bmaz McCain, Peter King and Danielle Fucking Pletka?? This weeks winner of total Sunday Talk Show loserdom is once again Face The Nation.
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emptywheel @downwithtyranny What's odd is if he had any hope of doing well in 2016 it'd have to be reaching out to white working class worried abt jobs
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bmaz @OBEYshiba Meh, would not expect you to know Bill or John Ross. Even as a local, unless you were an attorney around at the time. Good guys.
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emptywheel @MasaccioFDL Well-dressed bedwetters, presumably
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emptywheel @dangillmor True! Something to be "proud" of. Outdoing OK in modernized barbarism.
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emptywheel @laRosalind No no. The US uses OTHER barbaric ways of executing people. Very modern barbaric ways. @dangillmor
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bmaz @OBEYshiba Bill Blakley was a friend of mine. Great guy.
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