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11

The Government Uses the Dragnets for Detainee Proceedings

In the middle of a discussion of how the NSA let FBI, CIA, and NCTC directly access the database of Internet query results in the report accompanying the Internet dragnet End-to-End report, a footnote describes searches NSA’s litigation support team conducts. (See page 12) In addition to the above practices, NSA’s litigation support team conducts […]

12

Working Thread, Internet Dragnet 5: The Audacious 2010 Reapplication

At some point (perhaps at the end of 2009, but sometime before this application), the government tried to reapply, but withdrew their application. The three letters below were sent in response to that. But they were submitted with the reapplication. See also Working Thread 1, Working Thread 2, Working Thread 3, Working Thread 4, and Internet Dragnet Timeline. No one […]

13

Leahy Freedom Act Exempts FBI from Counting Its Back Door Searches

As I said in my post last night, Pat Leahy’s version of USA Freedom Act is a significant improvement over USA Freedumber, the watered down House version. But it includes language that no one I’ve met has been able to explain. I believe it may permit the NSA to have its immunized telecom providers contact […]

14

Improved USA Freedom Retains “Connection” Chaining and “Foreign Intelligence” Retention

Thanks to this NYT editorial, everyone is talking about Patrick Leahy’s version of USA Freedom, which he will introduce tomorrow. Given what I’ve heard, my impression is the editorial is correct that Leahy’s bill is a significant improvement off of USA Freedumber. That’s not saying much. It tightens the definition for Specific Selection Term significantly […]

15

All These Muslim Organizations Have Probably Been Associationally Mapped

The Intercept has published their long-awaited story profiling a number of Muslim-American leaders who have been targeted by the FBI and NSA. It shows that: American Muslim Council consultant Faisal Gill was surveilled from April 17, 2006 to February 8, 2008 al-Haramain lawyer Asim Ghafoor was surveilled under FISA (after having been surveilled illegally) starting March […]

16

The Black Holes in USA Freedumber’s Inspector General Reports

I’m still working on understanding all the crud that is included in the USA Freedumber Act. And for the first time, I have looked really closely at the language on Inspector General Reports, which effectively modifies Section 106 of the 2005 PATRIOT Act Reauthorization. Not only does the language add a DOJ IG Report roughly parallel […]

17

Four Reasons USA Freedumber is Worse than the Status Quo

In the post-HR 3361 passage press conference yesterday, Jerry Nadler suggested the only reason civil libertarians oppose the bill is because it does not go far enough. That is, at least in my case, false. While I have concerns about unintended consequences of outsourcing holding the call data to the telecoms (see my skepticism that […]

18

Will the Dragnet Reform Criminalize Ordering Pizza?

There are two major problems with the phone dragnet, as it currently exists. First, the government has a database of all the phone-based relationships in the United States, one they currently (as far as we know) do not abuse, but one that is ripe for unbelievable abuse. But there is current abuse going on. The […]