US
partially declassifies top-secret NSA surveillance programs
On
the same morning that the United States Senate grilled the nation’s
top investigators about domestic surveillance, the Director of
National Intelligence declassified three documents detailing those
programs “in the interest of increased transparency.”
RT,
31
July, 2013
Wednesday
morning, the director of public affairs for the DNI’s office posted
three files on the agency’s website pertaining to the phone records
mass tracking program exposed in June by former National Security
Agency contractor Edward Snowden.
Nearly
three months after Mr. Snowden began releasing classified
intelligence documents, DNI Director James Clapper has approved the
release of three files further explaining how Section 215 of the
PATRIOT Act has allowed investigators to collect the phone records of
millions of Americans on a daily basis.
Among
those files published Wednesday morning on the DNI website are two
reports on the NSA’s bulk phone data collection program — one
from 2009 and another from 2011 — and the primary order for
business records collection under Section 215 of the Foreign
Intelligence Surveillance Court.
The
FISC document, formerly classified as “top secret,” explains amid
a series of redactions that the court can compel the custodian of
records at private businesses to produce for the NSA on a daily basis
“all call detail records or ‘telephony metadata’” for all
communications.
According
to that document’s cover page, the court did not intend on
declassifying the document until April 12, 2038.
“DNI
Clapper has determined that the release of these documents is in the
public interest,” DNI Director of Public Affairs Shawn Turner said
in a statement.
Meanwhile,
the Senate Judiciary Committee asked members of the NSA, DNI and
Federal Bureau of Investigation to answer questions during a public
hearing in Washington, DC held Wednesday morning on Capitol Hill.
“Each
and every program and tool is valuable,” FBI Deputy Director Sean
Joyce told members of the Senate, insisting that intelligence gaps
preceding the September 11, 2001 terrorist attacks have since been
narrowed following the adoption of the PATRIOT Act’s Section 215
and the Foreign Intelligence Surveillance Act’s Section 702.
“We
need to remember what happened [on] 9/11, and everyone in this room
remembers where they were and what happened,” Joyce told the
committee.
“Mr.
Joyce,” interrupted Sen. Patrick Leahy (D-Vermont), “you are
stating the obvious.”
Sen.
Dianne Feinstein, the chairwoman of the Senate Select Committee on
Intelligence since 2009, told her colleagues at the hearing that “we
would place this nation in jeopardy if we eliminated these two
programs.”
According
to the contents of the 2011 Department of Justice report declassified
by the DNI on Wednesday, “Both of these programs operate on a very
large scale.”
“As
noted,” the report continues, “these two collection programs
significantly strengthen the intelligence community’s early warning
system for the detection of terrorists and discovery of plots against
the homeland. They allow the intelligence community to detect phone
numbers and email addresses within the United States that may be
contacting targeted phone numbers and email addresses associated with
suspected foreign terrorists abroad and vice-versa; and entirely
domestic collections between entities within the United States tied
to a suspected foreign terrorist attack.”
“NSA
needs access to telephony and email transactional information in bulk
so that it can quickly identify and assess the network of contacts
that a targeted number or address is connected to, whenever there is
[reasonable articulable suspicion] that the targeted number or
address is associated with…”
That
paragraph — and many others throughout the disclosures — ends
with two lines of redactions obscuring the Justice Department’s
actual justification for surveilling Americans. Who exactly is of
particular interest to the US intelligence community is of course an
issue that the government has gone out of its way to obscure. As RT
reported recently, the Obama administration says that while the US
remains at war, the identify of those on the receiving end is an
issue far too sensitive to be shared with the public.
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