Patterico's Pontifications

5/25/2017

Under President Obama, NSA Routinely Violated American Privacy Protections

Filed under: General — Dana @ 9:03 am



[guest post by Dana]

You would think this would be a big deal, but when a quick Google search doesn’t pull up any reporting from major media outlets about it, maybe we’re not supposed to believe that the violation of Americans’ civil liberties is that big of a deal.

The National Security Agency under former President Barack Obama routinely violated American privacy protections while scouring through overseas intercepts and failed to disclose the extent of the problems until the final days before Donald Trump was elected president last fall, according to once top-secret documents that chronicle some of the most serious constitutional abuses to date by the U.S. intelligence community.

More than 5 percent, or one out of every 20 searches seeking upstream Internet data on Americans inside the NSA’s so-called Section 702 database violated the safeguards Obama and his intelligence chiefs vowed to follow in 2011, according to one classified internal report reviewed by Circa.

The Obama administration self-disclosed the problems at a closed-door hearing Oct. 26 before the Foreign Intelligence Surveillance Court that set off alarm. Trump was elected less than two weeks later.

The normally supportive court censured administration officials, saying the failure to disclose the extent of the violations earlier amounted to an “institutional lack of candor” and that the improper searches constituted a “very serious Fourth Amendment issue,” according to a recently unsealed court document dated April 26, 2017.

The admitted violations undercut one of the primary defenses that the intelligence community and Obama officials have used in recent weeks to justify their snooping into incidental NSA intercepts about Americans.

Circa has reported that there was a three-fold increase in NSA data searches about Americans and a rise in the unmasking of U.S. person’s identities in intelligence reports after Obama loosened the privacy rules in 2011.

Officials like former National Security Adviser Susan Rice have argued their activities were legal under the so-called minimization rule changes Obama made, and that the intelligence agencies were strictly monitored to avoid abuses.

The intelligence court and the NSA’s own internal watchdog found that not to be true.

(Imagine Susan Rice’s claims being deemed untrue.)

And from the ACLU:

The American Civil Liberties Union said the newly disclosed violations are some of the most serious to ever be documented and strongly call into question the U.S. intelligence community’s ability to police itself and safeguard American’s privacy as guaranteed by the Constitution’s Fourth Amendment protections against unlawful search and seizure.

“I think what this emphasizes is the shocking lack of oversight of these programs,” said Neema Singh Guliani, the ACLU’s legislative counsel in Washington.

P.S. This report claims that the three major networks did not report on this during their evening broadcasts when the report was released.

(Cross-posted at The Jury Talks Back.)

–Dana

48 Responses to “Under President Obama, NSA Routinely Violated American Privacy Protections”

  1. Read the whole report.

    Dana (023079)

  2. It’s a huge deal. Impeachable offense. But they’ll just say it’s old news and not relevant to the real story of Trump…

    NJRob (520017)

  3. Is this even worth the read? I mean, I knew this was going on anyways.

    Dejectedhead (0c7c2f)

  4. the sleazy corrupt intelligence trash leak so much the UK won’t even talk to them anymore

    it seems like these FBI NSA CIA losers have made quite the trashy reputation for themselves, notwithstanding cowardly freakboy John McCain’s undying and slavish respect for them

    happyfeet (a037ad)

  5. It’s not old news, but it simply confirms what many people assumed to be going on. In fact, my first reaction was that it was old news (until I looked at the dates).

    kishnevi (0de685)

  6. Whether old news or not, and whether every administration does this, does not change the problem.

    Dana (023079)

  7. freedom definitely dies with a whimper in failmerica

    this is obvious to anyone who is willing to do the analysis

    happyfeet (a037ad)

  8. It’s a serious problem that must be urgently addressed now that a Republican is President, keeping in mind that it was essential for the security of our country when Obama was President.

    nk (dbc370)

  9. Is this even worth the read? I mean, I knew this was going on anyways.

    the key thing here is that obama waited til the last second to admit what him and the skeevy corrupt fbs nsa cia piggy trash were doing

    The Obama administration self-disclosed the problems at a closed-door hearing Oct. 26 before the Foreign Intelligence Surveillance Court that set off alarm. Trump was elected less than two weeks later.

    obama was scared trump or stinkypig would do the same thing on him and his sleazy jarrett posse

    happyfeet (a037ad)

  10. the skeevy corrupt *fbI* nsa cia piggy trash i mean

    happyfeet (a037ad)

  11. There is such a DOUBLE STANDARD – that there no longer – is a standard or a Rule of Law.

    We tolerate LYING so much from the Far Left/Lame Steam Media/Academia/Hollywood/the elites & political class/the Dem party, that the truth does not matter much. And if the truth does not matter – WE are lost. GLZ.

    Gary L. Zerman (ab669e)

  12. Democracy dies when, instead of free speech, we have “the press”.

    Appalled (d07ae6)

  13. nk (at #8):

    Hypocracy is such an easy charge, both against left and right and whatever Trump is. Do you have a problem with this on the merits, or no?

    Appalled (d07ae6)

  14. I don’t know the details. I think overseas communications are outside the scope of the Fourth Amendment even if one of the parties is physically in the United States. Any legislative protection under FISA given to the person in the U.S. is a gift, and it may be a gift to our enemies too if taken to extremes.

    nk (dbc370)

  15. I didn’t like it when the Republicans in Congress joined Putin’s propaganda campaign in the Snowden affair. I thought it was political opportunism.

    nk (dbc370)

  16. Every administration probably does this.

    It is a huge deal.

    It should not be done. It should not have been done by Obama, it should not be done by Trump.

    I agree with the ACLU on this. 🙂

    aphrael (e0cdc9)

  17. This is worse than what DAG Comey objected to in AG Ashcroft’s hospital room with FBI Director Mueller present when he refused to sign the DOJ recurring submission to the FISC authorizing expanded upstream and downstream collection but he had to protect US from Bush…

    crazy (d3b449)

  18. yes, this is much worse, but it’s like scrooge visiting his younger self,

    narciso (d1f714)

  19. 7.freedom definitely dies with a whimper in failmerica

    this is obvious to anyone who is willing to do the analysis
    happyfeet (a037ad) — 5/25/2017 @ 9:36 am

    Sorry to inform you, happyfeet but Freedom dies in America with every Fake News headline printed in the NYT and WaPo. It dies when Schumer or Maxine Waters open their lying mouths. It dies when the “numbers” generated by the CBO or any government agency are nothing but ideology driven lies. And as Appalled stated, when “instead of free speech we have the press“.

    Rev.Hoagie® (630eca)

  20. And although hypocrisy is at an all time high over at the DNC (Democrats, Nuts & Commies) they are forever trying to raise the ante.

    https://4.bp.blogspot.com/-IXHLqxcJ3FY/WSWHjDD-G6I/AAAAAAABJo8/pV_1jmPtsiUmrWmTdgYchm2ddqLveUibwCLcB/s1600/18386795_1526133957407430_240042912_n.jpg

    Rev.Hoagie® (630eca)

  21. @2 NJRob

    Obama gets an asterisk like Sammy Sosa right?

    Pinandpuller (16b0b5)

  22. why is an earlier comment with a link to an Obama-era surveillance timeline stuck in moderation?

    crazy (d3b449)

  23. crazy,

    I just checked and don’t see any comment from you in moderation. Moderators receive email notifications when this happens, and I haven’t received one.

    Dana (023079)

  24. Yeah, I didn’t vote for him.

    Yay me!

    papertiger (c8116c)

  25. Thank you Dana.

    When I resubmitted it after it didn’t appear and received a “duplicate submission message” I thought it must have been it moderation. I guess it just got lost in cyberspace.

    crazy (d3b449)

  26. In defense of the Democrat Operatives with By-lines – aka lame stream media – it’s hard for them to catch their breath, given their breathless reporting of fake news and their War On Trump.

    Colonel Haiku (0225f2)

  27. So Susan Rice was lying? That is so hurtful.

    Colonel Haiku (0225f2)

  28. I don’t know the details. I think overseas communications are outside the scope of the Fourth Amendment even if one of the parties is physically in the United States. Any legislative protection under FISA given to the person in the U.S. is a gift, and it may be a gift to our enemies too if taken to extremes.

    nk (dbc370)

    What happens if you define outside the United States as a mile straight up. Space Station is passing over the US. Bouncing the signal off a satellite is outside the US. Lets say the call is routed outside then back. Are they allowed to eaves drop then?

    papertiger (c8116c)

  29. http://thedailycheck.net/burns-coffee-grounds-backyard-reason-genius/

    Here’s something for the summertime. Used Coffee Grounds; let then dry out. Put them on a tin.
    Stick an ember of charcoal in the middle, then let them burn slow like an incense.
    Keeps the mosquitoes away.

    papertiger (c8116c)

  30. Preview [YouTube]
    This is minimally labeled so as to avoid being pulled down by the YouTube political arm, I think.

    From “LISTEN TO THEM LAUGH! Undercover VIDEO Captures Diabolical Remarks At National ABORTION Federation Conference…”An Eyeball Just Fell Into My Lap..And That’s Gross”

    http://100percentfedup.com/listen-to-them-laugh-undercover-video-captures-diabolical-remarks-at-national-abortion-federation-conferencean-eyeball-just-fell-into-my-lap-and-thats-gross/

    papertiger (c8116c)

  31. Obama gets an asterisk like Sammy Sosa right?

    Pinandpuller (16b0b5) — 5/25/2017 @ 12:11 pm

    Asterisk’s were given to plenty of good w9rks in the Hugo Awards due to leftist politics. An asterisk is too good for him.

    How about a toilet bowl award?

    NJRob (f40eee)

  32. Trump spites the hand that feeds him to the world; denies devout Catholic Sean Spicer time w/Pope. Petty Trump truly at his smallest– even after Costanza shrinkage from the pool. And speaking of petty– Trump Petty Girl Melania is warming up for some serious bitch-slapping plans for The Donald in days to come when they get back home.

    https://www.youtube.com/watch?v=a__J5saTDDU

    Oh, and Donald, A NATO gathering ain’t like rushin’ for the buffet table or the F-train:

    https://www.youtube.com/watch?v=X5i1lFwPBBQ

    “When you’re slapped, you’ll take it and like it.” – Sam Spade [Humphrey Bogart] ‘The Maltese Falcon’ 1941

    DCSCA (797bc0)

  33. Breaking News- NBC News reports Jared Kushner under FBI scrutiny in Russia probe.

    Oy vey! Shudda let Sean meet the Pope, dope.

    DCSCA (797bc0)

  34. Trump spites the hand that feeds him to the world;….

    DCSCA would rather talk about anything other than illegal actions by a Democrat President.

    Chuck Bartowski (bc1c71)

  35. What happens if you define outside the United States as a mile straight up.

    I would define “outside the United States” as west of the western Arizona border, but I don’t get to define the United States and I don’t have to. If one of the parties to the conversation is in Russia or Libya or Pakistan or Yemen, it’s an international call.

    nk (dbc370)

  36. Mysterious Tea Party Members Found with AK-47, Grenade and Bomb-Making Equipment

    “We figure identifying them as Tea Party members will get more attention than identifying them as likely Muslim terrorists. You know it would be headline news across the nation if they were. This story has barely gained any notice, in reality.”

    http://www.jammiewf.com/2017/mysterious-tea-party-members-found-with-ak-47-grenade-and-bomb-making-equipment/

    Colonel Haiku (2601c0)

  37. @34-Our President is a Republican– or became one in 2010.

    DCSCA (797bc0)

  38. 33… post the link, fake news scheister. Read that story. They want to talk to Kushner. That’s what qualifies as “scrutiny” to these witless ninnies.

    Colonel Haiku (2601c0)

  39. “The FBI’s focus on Kushner does not necessarily mean he is suspected of a crime, nor is he considered a subject of the bureau’s wider Russia probe,”

    https://www.google.com/amp/thehill.com/policy/national-security/335234-jared-kushner-under-fbi-scrutiny-in-russia-probe-report%3Famp

    Colonel Haiku (2601c0)

  40. Our President is a Republican– or became one in 2010.

    I never said anything to the contrary. But this post is about the illegal actions by Obama’s administration. And you just keep deflecting away from that. If you were any more transparent, you wouldn’t exist at all.

    Chuck Bartowski (211c17)

  41. Well, at least these people who routinely broke the law and routinely lied about breaking the law were harshly rebuked so I’m sure they won’t be doing that any more. Scathing reports and sharp criticisms are one thing, but when you break out the big guns and go for the harsh rebuke, man, that’s some serious business right there.

    Jerryskids (3308c1)

  42. it’s like the confy chair, that cardinal fang so liked, of course the decision was secret for months, the same time they were feeding mensch’s delusions,

    narciso (d1f714)

  43. 38. DCSCA (797bc0) — 5/25/2017 @ 5:40 pm

    Our President is a Republican– or became one in 2010.

    That doesn’t quite have it right.

    He started out as a Republican, and was hoping, somehow, to become George Bush the Elder’s vice presidential nominee in 1988. That didn’t work.

    Then the divorce scandal broke and he had to sort of stay away from politics for 10 years.

    In October 1999, in preparation for a possible run for President on Ross Perot’s Reform Party he attempted to register as an Independent but mistakenly registered as a member of the Independence Party. New York has no “Independent” category but only “I do not wish to enroll in a political party” where you could check “No Party” (which is only needed if someone is trying to disenroll – otherrwise a person can just do nothing.)

    In August, 2001 he enrolled in the Democratic Party (the president was a Republican, as was the Governor of New York)

    In 2009 he enrolled in the Republican Party (the president was a Democrat, as was the Governor of New York)

    In December 2011 Donald Trump became an independent, this time doing it correctly, by checking “I do not wish to enroll in a political party”

    But in April 2012 he changed his registration again to the Republican Party. He stopped most contributions to Democrats starting around 2011.

    I;m not sure if that had the effect of undoing his change of registration in 2011, so that he retained the right to vote in Republican primaries. The presidential primary was April 24 that year. (2012) (changes in party registration only take effect after the next November election)

    Maybe this was a futile attempt. There are otherwise only rarely Republican primaries, and in 2012, the presidential primary really wasn’t contested.

    .

    Sammy Finkelman (71800b)

  44. shazam

    mg (31009b)

  45. Obama used his time in office to undermine the foundations of American independence, he flooded the nation with illegals, many of them violent criminals, he made common cause with Islamic terrorists, he repeatedly lied to the nation about his useless healthcare scam, he conspired to conceal the truth about DOJ’s illegal ‘Fast ‘m Furious’ gun running operation including the murder of a border patrol officer, and he improperly claimed ‘executive privilege’ to withhold evidence under Congressional subpoena of his own criminal involvement, he concealed the facts surrounding illegal arms shipments from Benghazi to Syria which resulted in the creation of ISIS and in the murder of our Ambassador to Lybia and several other Americans, he conspired to release high ranking terrorists from incarceration so they could kill more Americans, he negotiated agreements with the terror sponsoring nation of Iran so they could acquire Atomic bombs, and he pardoned traitors and murderous terrorists on his way out the door, but not before he treacherously sent billions of dollars of the taxpayer’s cash to the most bloodthirsty savages on Earth – his kind of people.

    ropelight (9f0da2)

  46. “SOMEONE SHOULD ASK ALL THE PEOPLE WHO COMPLAINED ABOUT COMEY’S FIRING WHAT THEY THINK ABOUT THIS: Declassified memos show FBI illegally shared spy data on Americans with private parties.

    Question: If it’s illegal, will anyone be prosecuted? And you know the answer.”

    https://pjmedia.com/instapundit/265856/

    Colonel Haiku (2601c0)


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