George Ellard

If NSA Commits Database Query Violations, But Nobody Audits Them, Do They Really Happen?

Barton Gellman, at the beginning of the worthwhile video above, addresses something I addressed here: the only way the government can claim they haven’t “abused” the rules governing NSA activities is by treating all abuse done in the name of the mission as a mistake.

The President, like a lot of people who work for him, has a very narrow definition of two key words in that passage. One is “abuse” and the other is “inappropriately.” As the government depicts it — and this is language it’s using that it does not, frankly, explain.

Abuse — the only kind of abuse that exists would be if, say, an NSA employee were to stalk his ex-wife or spy on movie stars or something of that nature. If they are performing the mission that the NSA wants them to perform, and nevertheless overstep their legal authority, make unauthorized interceptions or searches or retentions or sharing of secret information, that is not abuse, that’s a mistake.

That’s how they get to pretend the 9% to 20% of violations in which a person does not follow the rules seemingly intentionally (these are distinct from human error and training violations) does not constitute an abuse.

With that in mind, I wanted to look more closely at what the audit report says about how errors are found, as shown primarily in this figure:

Screen shot 2013-08-20 at 10.21.25 AM

That looks pretty good on the face, with 64% of all violations found via automated alert, plus a few more — data flow analysis and traffic scanning — that involve technological review.

But this detail on the roamer problem (in which valid foreign targets continue to be targeted when they travel to the US) explains what that’s not all that impressive.  Continue reading

Emptywheel Twitterverse
bmaz @calvincoolidge3 @joanneleon @carwinb Which of course would be grossly improper and highly irresponsible.
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bmaz @calvincoolidge3 @joanneleon @carwinb It is. There are a group of people that think the docs should be dumped and open sourced.
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bmaz @carwinb @joanneleon FLM does not owe the "public" squat as to blithely dumping docs. They have been judicious and appropriate.
14mreplyretweetfavorite
bmaz @ShannonRitenour @McBlondeLand Also startlingly devoid of facts to support the accusations.
20mreplyretweetfavorite
bmaz Wait, Clair Williams is "under investigation" because she cannot attend Bernie Ecclestone's crappy press conference? http://t.co/9Cw2UUFL1g
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bmaz @Gaius_Publius @nakedcapitalism @mattkbh Yeah, sorry, you lost me when you stab at First Look yet take the bleatings of Pando credibly.
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JimWhiteGNV I assume libertarians will be taking candy from the kids who come to their doors tonight expecting handouts. Just to teach them a lesson...
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emptywheel @billmon1 Nah, He's saying, "we've figured out how to extend this hot war for a year longer than the Cold War lasted."
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emptywheel RT @ZFTWARNING: Secretive Mexican police unit questioned over 3 murdered Americans | Fox News Latino http://t.co/uCWrXsxSM9 via @foxnewslat
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emptywheel @ChrisInParis A little early, I guess. They say we're gonna have another Polar Vortex year.
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emptywheel @bmaz Gonna tell Ol' Noodle Arm your commitment is waning. Gonna replace Peyton for the local 6-1 team, are you?
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bmaz Okay, nobody tell @emptywheel but I haz to go to the Angry Crab Shack+BBQ before I can even think about trashing her.
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