Contractors Already Have Access to the Phone Dragnet

In today’s HJC hearing on the NSA, there was extensive discussion about the risks of outsourcing the dragnet to the telecoms or — especially, to a third party holding all the data. It’s a concern I share.

That said, not a single person at the hearing seemed to be aware of this footnote, which has been in the phone dragnet primary orders since at least last April.

5 For purposes of this Order, “National Security Agency” and “NSA personnel” are defined as 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 FISA if such operations are executed under the direction, authority, or control of the Director, NSA/Chief, CSS (DIRNSA).

If this language left any doubt that it permits contractors to directly query the database of every single phone-based relationship in the US, this language from Dianne Feinstein’s Fake FISA Fix bill report (which aims to codify the status quo) should eliminate them.

The Committee believes that, to the greatest extent practicable, all queries conducted to the authorities established under this section should be performed by Federal employees. Nonetheless, the Committee acknowledges that it may be necessary in some cases to use contractors to perform such queries. By using the term “government personnel” the Committee does not intend to prohibit such contractor use.

Contractors already have access to the dragnet.

If it presents a security threat to have contractors from Booz Allen Hamilton or some other intelligence contractor to have direct access to the dragnet, then we need to shut the dragnet down.

Because they’ve already got it.

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5 Responses to Contractors Already Have Access to the Phone Dragnet

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Emptywheel Twitterverse
emptywheel RT @peterwsinger: NJ man shot drone flying over his house, charged with unlawful *firearm use* https://t.co/WWA8py9D1I HT @burritojustice
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emptywheel Think I'll write a short story abt a govt that times its security agreements to the life expectancy of men it has in indefinite detention.
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JimWhiteGNV After this bit of hand-made yumminess, the bread machine is headed for the donation pile. No turning back now. http://t.co/2qFnxCRWYv
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emptywheel Once in a blue moon you really do need to find lipstick, but then all you see are batteries that need recharged.
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JimWhiteGNV RT @DaveJonesUFbeat: Last time #Vols beat #Gators was 30-28 in Knoxville in 2004 ... Ron Zook was fired a little over a month later. Ahem. …
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JimWhiteGNV Tide finally turning? Jordan Davis' murderer convicted! In Florida, no less.
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JimWhiteGNV RT @AP: BREAKING: Florida man convicted of 1st-degree murder for killing teenager after argument over loud music.
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emptywheel RT @alexisgoldstein: Shorter Eric Holder: "if only someone with power would do something about these oversized, unaccountable banks!" https…
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emptywheel @JimWhiteGNV To be fair, that kind of arrangement (cough, Bandar) is prolly one reason our intel on Syria is so bad.
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emptywheel @pwnallthethings Yep. But their number one rec was ... to do what Apple is now defaulting to. And Apples about half of stolen phones.
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JimWhiteGNV I understand that Louie Gohmert plans to hire the Khorasan Group as consultants to search for new head of SS.
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JimWhiteGNV RT @GreggJLevine: Ask not if sexism played a role in 30-year Secret Service vet Pierson's promotion; ask if it contributed to her ouster.
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