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 @BradMossEsq @benjaminwittes Well Brad, you do work your ass off giving people every reason to say just that.
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bmaz Jeebus, even cranky old John Dowd thinks #Deflategate is a travesty of process against Brady. #FreeTomBrady https://t.co/S0vO8cR5u5
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bmaz @gideonoliver Sweet!
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emptywheel @makarov__ I've actually raised that as a possibility. But you don't think we have as much to lose there, too? @thegrugq
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emptywheel @peter_donnelly Precisely. Thus the problem with trying to retaliate. @thegrugq
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emptywheel RT @thegrugq: US to "retaliate" against China for OPM hack. Somewhere. Somehow. Someway. And you won't even know it happened. ;) http://t.…
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emptywheel @NYLibertariann Hell, Congress won't even do that for a real war against ISIL.
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emptywheel @ColMorrisDavis To be fair, "Fixing our economy" is what nutjob say to undercut concerns abt income inequality.
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emptywheel @NYLibertariann Yep. Just one of many problems with this logic. But maybe it's just propaganda w/best reporter for that.
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emptywheel RT @BenjaminNorton: Ohio man annoyed at neighbor mowing lawn at night shot her in face, ran her over with mower #murica is seriously sick h…
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emptywheel @JasonLeopold Mostly I want to see YOU FOIA details on when they were destroyed. As way of figuring out when govt REALLY learned of deaths.
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emptywheel @AllThingsHLS Right. Perfect for the Squawks. But send us A La Mode, 'kay? @bmaz
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