EFF Asks Judge to Rule NSA Internet Backbone Spying Techniques Unconstitutional

Re:EFF Asks Judge to Rule NSA Internet Backbone Spying Techn... by ScottBurson on Saturday July 26, 2014 @02:46AM (#8089100)

I too think there might be some compromise possible along these lines. The most troubling thing to me about the current situation is that the NSA often gives tips to the FBI and other domestic law enforcement agencies. There needs to be an absolute barrier here, so the NSA shares nothing short of clear evidence of an imminent terrorist plot threatening at least dozens of lives. Anything smaller than that is not a matter of national security.

Unfortunately, such a compromise might be difficult to enforce. Parallel construction[0] can be used to hide the original reason someone came under suspicion.

So I don't know. But I think it's worth thinking about.

[0] http://en.wikipedia.org/wiki/Parallel_construction

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Re:EFF Asks Judge to Rule NSA Internet Backbone Spying Techn... by csandreasen on Saturday July 26, 2014 @08:33AM (#8089574)

If you go back to the original Reuters article[1] (first link from your Wikipedia aritcle), there's a few nuances that most people bringing up parallel construction don't point out:

(emphasis mine)

"...Today, the SOD offers at least three services to federal, state and local law enforcement agents: coordinating international investigations such as the Bout case; distributing tips from overseas NSA intercepts, informants, foreign law enforcement partners and domestic wiretaps; and circulating tips from a massive database known as DICE. ...

...Wiretap tips forwarded by the SOD usually come from foreign governments, U.S. intelligence agencies or court-authorized domestic phone recordings. Because warrantless eavesdropping on Americans is illegal, tips from intelligence agencies are generally not forwarded to the SOD until a caller's citizenship can be verified, according to one senior law enforcement official and one former U.S. military intelligence analyst."

[1] http://www.reuters.com/article/2013/08/05/us-dea-sod-idUSBRE...

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Re:EFF Asks Judge to Rule NSA Internet Backbone Spying Techn... by dm2 on Saturday July 26, 2014 @02:55AM (#8089114)

That was exactly what was happening before 9/11 and the Patriot Act.

Other agencies argued that they couldn't properly do their job because they didn't have access to the information the NSA collected.

I think it should go back the way it was. Only filtered data that is critical to national security should leave the NSA. There should be public reports and committees to ensure that is happening.

The Patriot Act pretty much says, "here is access to everything, you can even share it with other nations".

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