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.

Tweet about this on Twitter0Share on Reddit0Share on Facebook0Google+0Email to someone

5 Responses to Contractors Already Have Access to the Phone Dragnet

  • 1
  • 2
  • 3
  • 4
  • 5
Emptywheel Twitterverse
bmaz Brad Edwards and Paul Cassell are probably the only two legal "talents" that could have made Dershowitz sympathetic.
emptywheel @jonruttenberg I made a call FROM CFP and person I called used his name. @CathyGellis
bmaz @mucha_carlos @jbarro Now yer just cracking me up. We've done this before, where is the esteemed Mr. Barro.
emptywheel RT @ddayen: DoJ has massively expanded prosecutions for immigration violations, massively dropped them for corporate fraud
bmaz @mucha_carlos @jbarro ....very much do not. Maybe legal whiz kid Barro can weigh in. Won't hold my breath, cause I don't think he's up to it
bmaz @mucha_carlos @jbarro That said, the Burwell case has problems on the merits I very much think unilateral Exec Action in face of Art 1 §7-8
bmaz @mucha_carlos @jbarro Yes, that ruling has been patently obvious from the get go under AZ Redistricting discussion, and frankly, long before
bmaz @mucha_carlos @jbarro No, I think under Art I Section 7, the House, alone, very arguably has its own jurisdiction+standing without Senate.
emptywheel @dandrezner Fed appointments would be damned sexy, I agree. @andersoncooper
emptywheel @dandrezner Do you even think O'Malley would be prepped to talk sanctions? "I'll do a white paper on that in 6 months." There. Sanctions.
February 2014
« Jan   Mar »