Memo details Obama administration violations in the handling of classified materials
The Hill:
I suspect this is one reason why stories keep surfacing about contacts made by the Trump campaign with foreign countries. With the hostility toward the administration, these intercepts are being used as a political attack weapon.
The National Security Agency and Federal Bureau of Investigation violated specific civil liberty protections during the Obama years by improperly searching and disseminating raw intelligence on Americans or failing to promptly delete unauthorized intercepts, according to newly declassified memos that provide some of the richest detail to date on the spy agencies’ ability to obey their own rules.There is much more.
The memos reviewed by The Hill were publicly released on July 11 through Freedom of Information Act litigation by the American Civil Liberties Union.
They detail specific violations that the NSA or FBI disclosed to the Foreign Intelligence Surveillance Court or the Justice Department's national security division during President Obama’s tenure between 2009 and 2016. The intelligence community isn't due to report on compliance issues for 2017, the first year under the Trump administration, until next spring.
The NSA says that the missteps amount to a small number — less than 1 percent — when compared to the hundreds of thousands of specific phone numbers and email addresses the agencies intercepted through the so-called Section 702 warrantless spying program created by Congress in late 2008.
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But critics say the memos undercut the intelligence community’s claim that it has robust protections for Americans incidentally intercepted under the program.
“Americans should be alarmed that the NSA is vacuuming up their emails and phone calls without a warrant,” said Patrick Toomey, an ACLU staff attorney in New York who helped pursue the FOIA litigation. “The NSA claims it has rules to protect our privacy, but it turns out those rules are weak, full of loopholes, and violated again and again.”
Section 702 empowers the NSA to spy on foreign powers and to retain and use certain intercepted data that was incidentally collected on Americans under strict privacy protections. Wrongly collected information is supposed to be immediately destroyed.
The Hill reviewed the new ACLU documents as well as compliance memos released by the NSA inspector general and identified more than 90 incidents where violations specifically cited an impact on Americans. Many incidents involved multiple persons, multiple violations or extended periods of time.
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I suspect this is one reason why stories keep surfacing about contacts made by the Trump campaign with foreign countries. With the hostility toward the administration, these intercepts are being used as a political attack weapon.
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