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 .@MonaHol No, it is not a sex crime, and that is an asinine headline for @Forbes to run. http://t.co/ecj9xtScVy
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JimWhiteGNV @cocktailhag Heh. And now that #Rays won, I'm putting another clear coat on door number two.
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JimWhiteGNV RT @cocktailhag: @JimWhiteGNV Not as satisfying as refinishing, I expect.
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JimWhiteGNV Heading outside to shovel horse shit in 93F heat. Much more pleasant than watching Balfour pitch 10th for #Rays.
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JimWhiteGNV RT @AntonioFrench: Organizers say today's planned protest involving halting highway traffic has been postponed at the request of the Brown …
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bmaz @kellyoxford @LegallyErin It is a crime, yes, absolutely. Sex crime...uh, no, it is not.
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bmaz RT @DanCBarr: @bmaz They will probably rule quickly. Reinhardt wrote Perry and Smith-Kline. Berzon joined in Smith-Kline. Gould wrote Witt.…
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JimWhiteGNV “@TBTimes_Rays: Good play by #Rays Longoria on bad throw by Hanigan to catch Bogaerts stealing 3B” Cartwheel tag.
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bmaz @etb714 @wellsbennett Okay, that is an awesomely cute picture.
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JimWhiteGNV RT @JohnHorneUK: This award winning pic was taken in #Bahrain in Feb 2011. In July 2014 the photographer was arrestd & tortured for it http…
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bmaz @DanCBarr Agree. I'm just still disappointed in Reinhardt's Romer based watered down Perry decision. Hope they get this decision out quickly
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