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
bmaz Hot Fussin. Been Killing it for hours. Only Claude Rains knew
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bmaz I saw Shawn Holley on the CN type of media tonight, and not in a way that brought any joy to my memory of Johnnie Cochran. RIP.
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bmaz Hot Fuss by the Killers is still one of the best albums, or whatever you kids want to call things these days, of the last decade.
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bmaz @foolintheforest The latter.
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bmaz @cnbintucson Indeed.
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bmaz @MasaccioFDL Wait, @rortybomb ?? I love that guy.
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bmaz @cnbintucson "think there is any danger to McCullough from DOJ investigation?" // None, sadly.
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emptywheel @theurbansherpa If only you knew anything about theater it would all make sense! ;p
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bmaz The Killers are, well, killer. Nuf said.
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bmaz I am not positive it is okay to borrow a term from @dcbigjohn but I'm a bit reckless. So don't fence me in Bama's https://t.co/qco4mgVEvM
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bmaz @MasaccioFDL You know, I actually believe in "the system" but have issues with gross perversions thereof. And we got that here. Hugely.
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emptywheel @LemonSlayerUS Take that back. Gun had blood on it on 8/19 (it looks like). DNA was run by 8/14.
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