News for hackers. Stuff that matters.
Re:After Senate vote, NSA prepares to shut down phone tracki... by suprgeek on Sunday May 24, 2015 @11:21PM (#9598489)
I think "shut down" means "move to collect via other means which are currently classified". Once the tiger has tasted human blood it is always a man-eater.

They have ONE and ONLY one mandate "Collect all the things".

There is virtually no chance that the NSA will stop collecting this information until there is actual meaningful oversight.

If DNI James Clapper can directly lie to Congress publicly and face no consequences & the CIA is able to spy on the Senators & then whitewash it - there is zero credibility left in any intelligence agency following the rules. At this point we might as well say it - we have let loose the dogs and now are at their mercy.

Re:After Senate vote, NSA prepares to shut down phone tracki... by drcode on Sunday May 24, 2015 @11:38PM (#9598531)
What's sad is you comment sounds EXACTLY like something a conspiracy nut would say, except most of us probably agree with your sentiment 100%.
Re:After Senate vote, NSA prepares to shut down phone tracki... by pnathan on Monday May 25, 2015 @12:11AM (#9598618)
But, he's not wrong. Collect all the things is exactly their mandate. This information is then mined to produce actionable intelligence. It's absolutely what we do in business today, but turned toward diplomatic aims.

I don't see why this is a conspiracy kind of thing. We have a spy agency, that are hired to do SIGINT spying.

Re:After Senate vote, NSA prepares to shut down phone tracki... by hyperbovine on Monday May 25, 2015 @12:49AM (#9598682)
> Collect all the things is exactly their mandate.

Where is this written down?

Facts matter. Especially in debates like this.

Re:After Senate vote, NSA prepares to shut down phone tracki... by gknoy on Monday May 25, 2015 @02:35AM (#9598907)
Their "Mission" page indicates their SIGINT mission:

""" The Signals Intelligence mission collects, processes, and disseminates intelligence information from foreign signals for intelligence and counterintelligence purposes and to support military operations. """

Collecting All the Things is not in the mandate, but it's a very effective way to meet it. I'm not even sure how they'd go about collecting only mission-specific information without being able to peek at the metadata they collect on us all.

I don't like it, but I don't see an alternative way to do what they are mandated to do.

0: https://www.nsa.gov/about/mission/index.shtml

Re:After Senate vote, NSA prepares to shut down phone tracki... by raquo on Monday May 25, 2015 @03:26AM (#9599008)
> foreign

That's the keyword there.

> for intelligence and counterintelligence purposes and to support military operations

This is meaningless without oversight.

Re:After Senate vote, NSA prepares to shut down phone tracki... by swombat on Monday May 25, 2015 @05:05AM (#9599217)
> > foreign

> That's the keyword there.

Ah, but they don't know if it's a foreigner until they look at it. So might as well collect it all and figure out which ones are the foreign ones later. After all, the data's not actually "collected" until an analyst looks at it. It's a sort of Heisenberg-data - only exists when you look at it. While it's sitting in the NSA data centre, it's entirely harmless!

Re:After Senate vote, NSA prepares to shut down phone tracki... by shlorn on Monday May 25, 2015 @01:22AM (#9598759)
I imagine OP is referencing the Alexander quote: "Collect it all, tag it, store it....And whatever it is you want, you go searching for it....."

More info: http://www.commondreams.org/views/2013/07/15/crux-nsa-story-...

Re:After Senate vote, NSA prepares to shut down phone tracki... by x0x0 on Monday May 25, 2015 @12:05AM (#9598599)
That makes me sad, but in a world where the one and only person punished for our torture program was the whistleblower, it's hard to believe the NSA even has to pretend to follow the law. And if / when they get caught, all they have to do is yell terrorists, terrorists to get a get out of jail free card.
Re:After Senate vote, NSA prepares to shut down phone tracki... by colordrops on Monday May 25, 2015 @01:16AM (#9598745)
While I agree strongly with your sentiment, why even bother bringing up the "conspiracy nut" label? It's only ever used in an ad hominem attack, and has nothing to do with the truth. All arguments should be judged on sources and reason, regardless of how farfetched or paranoid they seem from your perspective.
Re:After Senate vote, NSA prepares to shut down phone tracki... by PhasmaFelis on Monday May 25, 2015 @12:37AM (#9598654)
Snowden showed us that a lot of things that sounded exactly like paranoid conspiracy theories were 100% true. At this point I wouldn't blame someone for thinking we should maybe take another look at UFO sightings or mind control satellites or something.
Re:After Senate vote, NSA prepares to shut down phone tracki... by logn on Monday May 25, 2015 @01:12AM (#9598728)
Regarding UFO's, I enjoyed the documentary Mirage Men: https://www.netflix.com/WiMovie/70305797

Quoting the top review: "This is a documentary not about UFOs but rather intelligence operations perpetrated against Americans by their government in order to cover up top secret projects and engage in social control experiments using a particular American subculture."

Re:After Senate vote, NSA prepares to shut down phone tracki... by throwawayaway on Monday May 25, 2015 @05:48AM (#9599303)
it's not a conspiracy theory, in fact, it's probably already true.

https://www.schneier.com/blog/archives/2015/05/why_the_curre...

Chris Soghoian 5/180 or 3% of FISA orders are about this bulk phone metadata program. the rest: "other programs".

Re:After Senate vote, NSA prepares to shut down phone tracki... by brlewis on Tuesday May 26, 2015 @09:33PM (#9608790)
Conspiracy theories and true events are not disjoint sets. Humans do sometimes conspire.
Re:After Senate vote, NSA prepares to shut down phone tracki... by astrocat on Sunday May 24, 2015 @11:57PM (#9598582)
Careful now, there is a BIG difference between conspiracy types and cynics.
Re:After Senate vote, NSA prepares to shut down phone tracki... by skidoo on Monday May 25, 2015 @12:06AM (#9598602)
"All new truths begin as heresy."
Re:After Senate vote, NSA prepares to shut down phone tracki... by sillygoose on Tuesday May 26, 2015 @03:43AM (#9603396)
Maybe it's time to reconsider the term "conspiracy nut", then?
Re:After Senate vote, NSA prepares to shut down phone tracki... by pdkl95 on Monday May 25, 2015 @03:37AM (#9599031)
There is historical precedent: remember back in 2004 when congress shut down Poindexter's "Total Information Awareness" program, and we never had to worry about domestic surveillance ever again?

Rebranding has been the tactic of choice ever since Blackwater decided that PR was expensive and it would be cheaper to simply rebrand themselves as "Xe" (now "Academi" - they ruined the "Xe" brand, too).

Re:After Senate vote, NSA prepares to shut down phone tracki... by steve19 on Monday May 25, 2015 @03:54AM (#9599066)
This tactic goes back, I am sure, millennia.

Blackwater was a private company. They did briefly rebrand as Xe. A ridiculous name that sounds even more scary than blackwater. Academi may as well be a new organization.i don't consider it a successor to blackwater, even if it is in a legal sense. a company purchased blackwater for their extensive training facilities (possibly the most best in the world at the time). The blackwater IP left a long time ago.

the true spiritual successor is Prince's UAE private contractor company. according to Wikipedia it is called Reflex Responses, but Wikipedia is generally shit with this kind of information. *

* Wikipedia has to cite sources, the only publicly available sources are mainstream media, written by clueless journalists who barley understand the subject matter. for example the Wikipedia article mentions Prince recruited from Executive Outcomes, 12 years after they ceased trading. He may have recruited from EO's alleged spiritual successor, but he definitely did not recruit from a company that no longer existed.

Re:After Senate vote, NSA prepares to shut down phone tracki... by pdkl95 on Monday May 25, 2015 @04:29AM (#9599136)
Blackwater as a starting point is only a rough estimate.

Rebranding has, of course, existed ever since ancient humans figured out that using an alias was useful. My point is that it is not that it is a new tactic; I'm suggesting that it has been a tactic of choice, preferred over others such as using propaganda to deny problematic accusations (traditionally popular in Russia), or claiming bad things are good for patriotic reasons.

Re:After Senate vote, NSA prepares to shut down phone tracki... by mirimir on Monday May 25, 2015 @12:55AM (#9598696)
From Bamford's books, I get that the NSA does not consider itself to be bound by the Constitution, US law, etc. As a military organization, it is subject only to the authority of the President. And I gather that it fudges on even that, through a Byzantine maze of need-to-know restrictions.

So yes, there are no rules.

Re:After Senate vote, NSA prepares to shut down phone tracki... by tsotha on Monday May 25, 2015 @01:37AM (#9598793)
I'm not sure where you're getting this. The NSA is not a military organization. And all organs of the executive branch are bound by law and the Constitution.

They may get away with illegal behavior for a time, but that doesn't mean it isn't illegal.

Re:After Senate vote, NSA prepares to shut down phone tracki... by venomsnake on Monday May 25, 2015 @01:56AM (#9598836)
The difference between theory in practice is greater in practice than in theory.

NSA does not view itself bound by the US constitution (or the whole executive branch as a whole) and view it as a nuisance that must be at best circumvented to do their perceived job. (To the NSA guy reading this comment - have a nice day, it is tedious)

Re:After Senate vote, NSA prepares to shut down phone tracki... by tsotha on Monday May 25, 2015 @02:22AM (#9598883)
How the agency views itself is irrelevant. Congress knows what they're doing and has always known. What you're seeing right now is the system working.
Re:After Senate vote, NSA prepares to shut down phone tracki... by simoncion on Monday May 25, 2015 @04:41AM (#9599162)
If the "they're" in your statement is "The Intelligence Organs", then no, Congress was absolutely (and continues to be) kept in the dark about what was (and is) going on.

Senators Wyden and Udall (both members of the Senate Select Intelligence Committee, and -therefore- privy to classified briefings and Q&A sessions delivered direct from intelligence agencies) frequently and loudly proclaimed:

0) We are prohibited from speaking specifically -to anyone- about what we have been told in our capacities as members of the Intelligence Committee.

1) If the rest of Congress and/or the American people were told what the Intelligence Committee was told, they would be horrified by the extent of the overreach and creative interpretation of law. [0]

2) The intelligence agencies habitually stonewalled any real inquiries by the Intelligence Committee into their activities. What the Committee got to do was listen to the agency's spiels, ask a few softball questions, and adjourn for the day.

[0] Clearly, not all members of the Committee felt this way. Mrs. Feinstein, in particular, seemed to be very pleased with the status quo. (Big surprise, right?)

Re:After Senate vote, NSA prepares to shut down phone tracki... by tsotha on Monday May 25, 2015 @07:06AM (#9599505)
Congress isn't above lying about this. Pelosi was dumb enough to contradict herself on that score (I could have stopped that sentence after three words). They knew. They just didn't want anyone to know they knew when the cat was out of the bag. "The CIA lied to me" sounds a lot better than "I knew what they were doing. So what?" Deflecting blame is the #1 key skill for a Congressman.

Also... "prohibited"? By whom? By rules the committee itself made. That the committee can change. Federal agencies don't have the power to prevent Congress from doing a damn thing. Don't kid yourself - Congress is the problem here.

Re:After Senate vote, NSA prepares to shut down phone tracki... by simoncion on Monday May 25, 2015 @02:30PM (#9601106)
> Congress isn't above lying about this.

Agreed. I also note that the Intelligence Agencies aren't above lying to Congress (whether behind closed doors or in public hearings), to the DoJ, the Supreme Court, the President, or anyone else for that matter.

> Also... "prohibited"? By whom?

Uh, actually prohibited by long-standing Federal law? USC Title 18, Section 793, and Section 798 totally apply here. Congressmen are NOT immune from prosecution that stems from their disclosure of classified information that they receive firsthand.[0] What's more, the Speech or Debate clause only protects Congressmen from arrest and detention while performing their official duties. It doesn't shield Congressmen from prosecution stemming from illegal acts performed while acting as Congressmen.

So, no, Federal agencies can't prevent[1] Congressmen from revealing directly-disclosed-to-the-congressman classified information on the debate floor. But then, a Congressman can't protect himself from prosecution, fines, and jail time after the big reveal.

[0] Remember that the Pentagon Papers were sent to a Congressman by a newspaper. Generally speaking, disclosure of classified information that's in the public interest by a person who is not under an obligation to control access to said information is a protected activity, as is disclosure of classified info by the press.

[1] Though, they can directly discourage it by limiting cooperation with Committees and access to personnel. This would clearly be a roadblock, rather than a permanent obstruction, but it would probably serve as a permanent obstruction to dispassionate Congressmen.

Re:After Senate vote, NSA prepares to shut down phone tracki... by tsotha on Monday May 25, 2015 @08:22PM (#9602316)
>Uh, actually prohibited by long-standing Federal law? USC Title 18, Section 793, and Section 798 totally apply here.

Okay, and who makes the laws?

Re:After Senate vote, NSA prepares to shut down phone tracki... by simoncion on Tuesday May 26, 2015 @03:47AM (#9603403)
Okay, three things:

1) Both Congress and the Judiciary make law. Congress passes bills that become laws. The judicial system's rulings on cases form precedent which fills in the holes of (or totally perverts, depending on the case) law passed by Congress. The judicial system's part in this is part of why it's so critically important to get good rulings on edge cases.

2) You're implying that Congressmen should pass a law that places them above the law? That's an incredibly slippery slope.

3) To arg. ad. absurd.[0] your position: Congres should just pass a law that frees all Congressmen from any and all legal obligation while acting in their official capacity as Congressmen. This would obviously permit them to act in any way that they felt would best allow them to improve the health and well being of the Republic.

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

Re:After Senate vote, NSA prepares to shut down phone tracki... by tsotha on Tuesday May 26, 2015 @06:49PM (#9608195)
>Both Congress and the Judiciary make law.

No. Judges do not make law. I see what you're trying to say, but making law is not their function. To the extent they engage in legislating from the bench they ought to be punished with censure and/or impeachment.

>You're implying that Congressmen should pass a law that places them above the law? That's an incredibly slippery slope.

That ship sailed long ago. Congress exempts itself from all sorts of laws. Insider trading is the one that pops into mind most prominently. And do you remember the House banking scandal? Most recently they've exempted themselves from the ACA.

The idea laws pass only when voted on by the full house and yet only a tiny subset have the data to make decisions is absurd. If that's the state of the law now they ought to change it.

>To arg. ad. absurd.[0] your position: Congress should just pass a law that frees all Congressmen from any and all legal obligation while acting in their official capacity as Congressmen.

They certainly need enough freedom to do their jobs. That's why the constitution includes the Speech and Debate clause.

Re:After Senate vote, NSA prepares to shut down phone tracki... by simoncion on Saturday May 30, 2015 @01:38AM (#9629157)
No.

We live in a system that considers both the text of a law and the Judicial precedent surrounding that law. The Judicial branch interprets law, and issues binding statements based on that interpretation multiple times per day every single day. For a recent example, search for "The state asked the court to employ a remedy in this situation" in [0] and read on until the end of the paragraph.

Notice that this remedy is something that courts are supposed to do whenever they can. Moreover, history is littered with creative interpretations of law. Wickard v. Filburn is one of the most well-known.

>The idea laws pass only when voted on by the full house and yet only a tiny subset have the data to make decisions is absurd.

Heh. You really need to spend a month or two and read all the level-headed accounts you can find of the role that staffers and lobbyists play in Congress.

I'm not sure, but I strongly suspect that when you learn how the sausage is made these days, you'll change some of your more objectionable opinions.

[0] http://popehat.com/2015/05/27/minnesota-court-rules-that-cri...

Re:After Senate vote, NSA prepares to shut down phone tracki... by tsotha on Wednesday June 03, 2015 @07:47PM (#9656632)
You're just proving my point here. Wickard was a bad ruling which should have resulted some sort of correction (either impeachment or a change in the law)

I know how laws are made, that's why I want to make sure information gets to the people who need it to make good decisions. They may ignore that information, but at least they'll have it.

Re:After Senate vote, NSA prepares to shut down phone tracki... by simoncion on Tuesday June 09, 2015 @09:17PM (#9689529)
If you knew about Wickard -and rulings like it-, then you knew that judges frequently interpret and -through the act of interpretation- shape law. Because you knew this, you also knew that your statement "Judges do not make law." was a falsehood.

Like it or not, we live with a Judicial system that considers both the text of a law and the court precedent relating to that law.

We've been living in this system since the founding of the Republic. We have always had the system that you say we shouldn't, and we will very likely continue to have it until the day that the Republic has vanished from the earth.

Honestly, you might be happier in one of those European countries that give their courts zero room for interpretation. :)

Re:After Senate vote, NSA prepares to shut down phone tracki... by DanielBMarkham on Monday May 25, 2015 @04:41AM (#9599161)
What we're seeing right now is some kind of weird kabuki dance where congress pretends to shut something down by having a debate over whether to re-authorize one of several justifications NSA uses for monitoring U.S. citizens. The only reason it's considered equivalent to "shutting down the program" is that folks haven't been paying attention.

As far as illegality, what the Executive has taken to doing over the last 20 years or so is lawyer-shopping until they can get an opinion that justifies what they already decided they were going to do. Then they classify both the decision and the legal justification. No information = no debate. No debate = no oversight. Very nice and easy. Problem solved.

We need the NSA. But the structure of the legal system the operate in has been totally fucked up by the War on Terror. I don't even think most politicians understand the nature of the problem, much less are able to provide needed oversight.

Re:After Senate vote, NSA prepares to shut down phone tracki... by tsotha on Monday May 25, 2015 @07:09AM (#9599514)
We have fourteen separate agencies that do overlapping intelligence gathering of one sort or another. We don't need the NSA.
Re:After Senate vote, NSA prepares to shut down phone tracki... by mike_hearn on Monday May 25, 2015 @01:03PM (#9600778)
> We need the NSA

There's no evidence of this. Many countries have nowhere near the intelligence capabilities of the 5 Eyes and yet seem to do just fine for themselves. In many ways, better than the USA.

Re:After Senate vote, NSA prepares to shut down phone tracki... by gpvos on Monday May 25, 2015 @02:29AM (#9598895)
So why would they enact a law like this?
Re:After Senate vote, NSA prepares to shut down phone tracki... by tsotha on Monday May 25, 2015 @03:46AM (#9599050)
Because there was public support for it when it was enacted.
Re:After Senate vote, NSA prepares to shut down phone tracki... by mirimir on Monday May 25, 2015 @04:52AM (#9599178)
The NSA is part of the Department of Defense. Its Director is Admiral Michael S. Rogers, US Navy. The Director of National Intelligence (DNI) is James R. Clapper, who served as a General in the US Air Force. I believe that NSA Directors are necessarily active military, while DNIs are necessarily retired.

I concur with venomsnake that "The difference between theory in practice is greater in practice than in theory."

Re:After Senate vote, NSA prepares to shut down phone tracki... by tsotha on Tuesday May 26, 2015 @12:30AM (#9602950)
So I looked it up, and the NSA is indeed part of DoD. But the DNI is under Homeland Security, even if he's a former military man.

And I think both you and veonomsnake are grossly underestimating the culpability of Congress in all of this.

Re:After Senate vote, NSA prepares to shut down phone tracki... by mirimir on Tuesday May 26, 2015 @01:03AM (#9603037)
Congress has arguably had no meaningful oversight over the NSA since the 50s. Eisenhower warned us. He wasn't just talking about defense contractors. One might say that the US has been pwned by military hackers. I highly recommend Bamford's books.
Re:After Senate vote, NSA prepares to shut down phone tracki... by tsotha on Tuesday May 26, 2015 @02:38AM (#9603247)
Congress has whatever oversight it wants. They can simply defund any agency that irritates them.
Re:After Senate vote, NSA prepares to shut down phone tracki... by simoncion on Tuesday May 26, 2015 @03:58AM (#9603435)
The NSA, the NRO, and the NGA are DoD agencies. The DNI -despite the title- has next-to-nothing to do with running those agencies.

To analogize: The US Army answers to the DoD. The DoD answers to the POTUS. This the Army and the DoD are military organizations, despite this fact.

Re:After Senate vote, NSA prepares to shut down phone tracki... by tsotha on Thursday May 28, 2015 @06:10PM (#9621514)
Yeah, I understand that. I only included the DNI because he did.
Re:After Senate vote, NSA prepares to shut down phone tracki... by simoncion on Saturday May 30, 2015 @01:27AM (#9629136)
No. You included the DNI-is-part-of-DHS factoid because you thought that it bolstered your claim that "The NSA is not a military organization.". [0] You were wrong. :)

[0] https://news.ycombinator.com/item?id=9598793

Re:After Senate vote, NSA prepares to shut down phone tracki... by drjesusphd on Monday May 25, 2015 @06:06AM (#9599346)
> The NSA is not a military organization.

You're mistaken.

Re:After Senate vote, NSA prepares to shut down phone tracki... by xnull2guest on Sunday May 24, 2015 @11:51PM (#9598567)
This very thing is in the FREEDOM Act text. They move collections to private holders (this is what they originally claimed was the case anyway). The surveillance hasn't stopped. There's simply a different legal process for getting records now (now - if the bill passes).
Re:After Senate vote, NSA prepares to shut down phone tracki... by mike_hearn on Monday May 25, 2015 @01:08PM (#9600802)
Yes. As just one example more and more calls of importance have moved to VoIP and/or become video calls. I rate the chances of the NSA deciding that these are not "phone calls" for the purposes of the expiry at 100% likely.

That's assuming they can't simply stop collecting call metadata, but then keep collecting tower signalling metadata or something like that, thus allowing them to tell themselves that's not what Congress cared about ..... and then extract call metadata on demand from it.

It's obvious that the NSA cannot be controlled by anything at this point. The DoJ would need to jail Clapper to get their attention and that won't happen short of some ridiculous sex-related personal scandal.

Re:After Senate vote, NSA prepares to shut down phone tracki... by lvs on Sunday May 24, 2015 @11:52PM (#9598570)
The 215 business is all red herring, honestly. The FISA 702 program continues unabated. Phone communication is obsolete, and they're not kicking and screaming that much when there is no serious challenge to 702 authority.
Re:After Senate vote, NSA prepares to shut down phone tracki... by jdp23 on Monday May 25, 2015 @12:07AM (#9598606)
I agree about FISA; and Marcy Wheeler has some great stuff to say about Richard Burr's alternate bill and internet collection. [1] However I wouldn't say that 215 is a red herring -- it'll be a significant victory if it sunsets, for reasons Jennifer Granick describes at [2].

[1] https://www.emptywheel.net/2015/05/23/mitch-mcconnell-and-ri...

[2] http://justsecurity.org/23149/rand-paul-wyden-surveillance-r...

Re:After Senate vote, NSA prepares to shut down phone tracki... by SCAQTony on Monday May 25, 2015 @12:36AM (#9598649)
I have to agree, I suspect the NSA is looking at this as a temporary exile and will resume the program when an "executive order" reinstates it.