This story, from the Jan. 12, 2017, edition of the New York Times, was little-remarked upon at the time, but suddenly has taken on far greater significance in light of current events:
In its final days, the Obama administration has expanded the power of the National Security Agency to share globally intercepted personal communications with the government’s 16 other intelligence agencies before applying privacy protections.
The new rules significantly relax longstanding limits on what the N.S.A. may do with the information gathered by its most powerful surveillance operations, which are largely unregulated by American wiretapping laws. These include collecting satellite transmissions, phone calls and emails that cross network switches abroad, and messages between people abroad that cross domestic network switches.
The change means that far more officials will be searching through raw data. Essentially, the government is reducing the risk that the N.S.A. will fail to recognize that a piece of information would be valuable to another agency, but increasing the risk that officials will see private information about innocent people.
One of the central questions behind the Mike Flynn flap that should have been asked but largely wasn’t is: who was wiretapping the general? The answer, we know now, was the National Security Agency, formerly known as No Such Agency, the nation’s foremost signals-intelligence (SIGINT) collection department.
Once compartmentalized to avoid injuring private citizens caught up in the net of the Black Widow (as we all are already) and her technological successors, the NSA was suddenly handed greater latitude in what it could share with other, perhaps more politicized bodies of the intelligence community. Why?
Let’s call the roster of the bad guys:
Attorney General Loretta E. Lynch signed the new rules, permitting the N.S.A. to disseminate “raw signals intelligence information,” on Jan. 3, after the director of national intelligence, James R. Clapper Jr., signed them on Dec. 15, according to a 23-page, largely declassified copy of the procedures.
Previously, the N.S.A. filtered information before sharing intercepted communications with another agency, like the C.I.A. or the intelligence branches of the F.B.I. and the Drug Enforcement Administration. The N.S.A.’s analysts passed on only information they deemed pertinent, screening out the identities of innocent people and irrelevant personal information.
Now, other intelligence agencies will be able to search directly through raw repositories of communications intercepted by the N.S.A. and then apply such rules for “minimizing” privacy intrusions.
“This is not expanding the substantive ability of law enforcement to get access to signals intelligence,” said Robert S. Litt, the general counsel to Mr. Clapper. “It is simply widening the aperture for a larger number of analysts, who will be bound by the existing rules.”
Throwing the BS flag on this one. “Widening the aperture,” my old granny. One of the things about the IC is that “existing rules” are made to be broken whenever one of its unaccountable minions feels like it; these are people who lie and cheat for a living. And the genius of the Democrats — something for the GOP to think about next time — is that they were able to leverage the transition in order to change as many rules and embed as many apparatchiks as possible before formally turning over the reins to the new kids.
But Patrick Toomey, a lawyer for the American Civil Liberties Union, called the move an erosion of rules intended to protect the privacy of Americans when their messages are caught by the N.S.A.’s powerful global collection methods. He noted that domestic internet data was often routed or stored abroad, where it may get vacuumed up without court oversight.
“Rather than dramatically expanding government access to so much personal data, we need much stronger rules to protect the privacy of Americans,” Mr. Toomey said. “Seventeen different government agencies shouldn’t be rooting through Americans’ emails with family members, friends and colleagues, all without ever obtaining a warrant.”
Correct. But the Fourth Amendment went out the barn door along with all the pretty horses long ago. Google and Facebook and Amazon know more about you than the CIA or FBI ever used to. And most of the personal information is provided by… you. Think about that, the next time you “check in,” post pictures of your loved ones and talk about your travel plans.
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