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 It is pretty hard to imagine Sebastian Vettel being a more selfish loathsome prick. #F1
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bmaz Team orders against Sebastian Vettel? Whoa, but Vettel is, once again, like last year, a fucking selfish dickhead. What a punk jerk.
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bmaz @AskZelda_ Well, other than that it was during NFL Playoffs (Ronnie LOVES the Packers), it is awfully attractive, no? http://t.co/m7aEAMMTig
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bmaz NICO! Whoa, what a ballsy move on Vettel. #F1
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bmaz So, what in the world did the Williams crew do to Massa's car?? Man, that was brutal.
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bmaz @AskZelda_ I have a Ronald Reagan mask from a Halloween in the 80's, do you think that would work? http://t.co/ksltCAaG4w
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bmaz @misterdevans just after the turn of the hour.
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bmaz Obama White House Sponsors Young and Rich Narcissistic 1% Fucktards That Will Ruin the World One Day http://t.co/XhEZdHp3yO Seriously
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bmaz @dceiver @ryangrim @HuffPostLive Lotta repetitive emphasis there. Is this like "All work and no play make Jack a dull boy" from The Shining?
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bmaz Now plattered: Ten Years After Undead (a new copy cause my old one was totally dead).
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bmaz @FrancisJeffrey7 @MarkSZaidEsq @Thomas_Drake1 @TimmyTokyo1 Not quite sure what to make of that, can you rephrase?
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