Were DiFi’s Aides Who Claimed “Only a Small Number” of Back Door Searches Ignorant or Lying?

Yesterday, we learned:

  • NSA conducted unwarranted back door searches on 198 US persons’ content last year and 9,500 back door searches on US person metadata
  • CIA conducted around 1,900 unwarranted back door searches on US person content, and an uncounted number of back door searches on US person metadata
  • FBI conducted a substantial number of unwarranted back door searches on US person content and metadata — so much so it doesn’t count it

Back in November, when Dianne Feinstein was trying to codify these unwarranted back door searches explicitly into law, here’s what anonymous sources described as Senate Intelligence Committee aides told the WaPo:

They say that there have been only a “small number” of such queries each year. Such searches are useful, for instance, if a tip arises that a terrorist group is plotting to kill or kidnap an American, officials have said.

“Only a small number.”

Over 2,000 counted searches between the CIA and NSA. Uncounted, but substantial, number of searches by FBI. “Only a small number.”

Were these anonymous sources ignorant — relying on false information from the Agencies? The actual number of unwarranted back door searches doesn’t appear in the unredacted portions of the one Semiannual Section 702 Compliance report we’ve seen (see page 13); there doesn’t appear to be a redacted section where they would end up.

So have the Agencies (CIA and NSA in this case; FBI’s back door searches get audited in a different way) simply hidden from their Congressional overseers how frequently they were doing these searches?

Or were these aides trying, once again, to pass legislation permitting the nation’s spy agencies to conduct intrusive searches on Americans by lying?

One way or another, it’s a damn good thing Ron Wyden asked for and insisted on getting an answer to his question of how common these back door searches are (even if the FBI still refuses to count them). Because the key people who are supposed to oversee them are either ignorant or lying about them.

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bmaz @yeselson @reftpt @StephanieKelton Still, pretty stark then to now.
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bmaz RT @reftpt: I've seen this before but I can never get over it. MT @StephanieKelton: #LaborDay poster from 1956. http://t.co/rFJ8LH9147
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emptywheel @drfarls But ... academics. Aren't rules socialist there? (And before I realized today was Sun, was gonna say no one takes Mon classes)
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emptywheel @fmanjoo Also never seen people saying "Oh well, JP Morgan Chase shouldn't have any responsibility to secure online stuff" @steveglista
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emptywheel @drfarls Surely they can't have classes scheduled for the day after labor day?
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emptywheel @mmasnick There's a VIrgin joke here but I'll spare you. @VirginAmerica
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emptywheel RT @sarahjeong: @darth @strngwys if technology isn't *reasonably* creep-proof, someone fucked up.
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emptywheel @fedbooks Better D than Richard Sherman? Doubt it. Better than last year? Yes.
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emptywheel @memefan2000 Sure. Great ads. But he was also the first for whom it was a kiss of death for his day job.
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emptywheel Ut oh. Richard Sherman does the Campbell's Soup ad that is generally a kiss of death for the season.
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JimWhiteGNV I'm gonna need more popcorn to get through the second half of this game.
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JimWhiteGNV Heh. #GoACC They still have the worst officiating in college football. Two major blown calls in a row.
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