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The problem with upstream collection probably pertains to entirely domestic SCTs, which are domestic Internet communications that transit internationally. If that's right, shutting down upstream about searches won't provide much more protection for Americans.
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NSA has shut down upstream about searches because analysts were improperly querying bundled messages in ways that violated the rules. But already by 2013, DOJ and ODNI had identified "many" problems with analysts querying upstream data for US person information.
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Facebook claims that less than .1% of Facebook election related activity consisted of malicious amplifiers of fake stories. That could be a self-serving narrowly drawn number. Or it could be a testament to the power of Facebook's network effect.
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Several weeks ago, DOJ got good press when it rolled out the relatively uncontroversial first known use of a Rule 41 hacking warrant against Russian botnet operator Pyotr Levashov. But it has since become clear there are weird jurisdictional issues with the warrant. DOJ obtained the warrant in Alaska when they're prosecuting Levashov in Connecticut.
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Earlier this month, Christoper Steele submitted his defense in Alexsej Gubarev's lawsuit against him in the UK. It includes many details that should raise serious questions about the most inflammatory claims in Steele's dossier.
https://www.emptywheel.net/wp-content/uploads/2016/12/CIA-Logo.png257441emptywheelhttps://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.pngemptywheel2017-04-26 19:31:252017-04-27 04:05:10The Virgin Birth of the Most Inflammatory Trump Dossier Claims
I'm really excited to announce that Quinn Norton, whom many of you may know from her great reporting at Wired, is starting to write again after a too-long hiatus. Even better, she'll be sharing her work here, after she releases it to her Patreon…
There's a great deal of coverage on GRU's attempted (though reportedly unsuccessful) attack on Emmanuel Macron. Particularly given Trump's preference for Marine Le Pen in the French elections, we need to be a lot more mindful of NSA's ability to hack democratic candidates.
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Viewed as a means to deter Julian Assange, a prosecution is a pipe dream. But viewed as a means to establish the selective prosecution of disfavored publishers, it would amount to a soft -- and very arbitrary -- official secrets act.
The FISC annual report today appears to state that the FISC did not approve any 702 certificates in 2016, which would mean the government presumably worked on extensions from November 6 until the turn of the year.
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Reuters has a story suggesting a think tank provided the rationale in June for an operation that was already three months old by then. A better reading, at least given the public facts, is that the think tank wasn't that important.
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Along with exposing a bunch of NSA tools and a record of the NSA's attack on SWIFT, Shadow Brokers exposed the identities of a number of NSA's own hackers. That has important repercussions for the norms and laws surrounding state-sponsored hacking.
https://www.emptywheel.net/wp-content/uploads/2016/10/National_Security_Agency_headquarters_Fort_Meade_Maryland.jpg14981920emptywheelhttps://www.emptywheel.net/wp-content/uploads/2016/07/Logo-Web.pngemptywheel2017-04-19 08:55:002017-04-19 19:09:45The Doxing of Equation Group Hackers Raises Questions about the Legal Role of Nation-State Hackers