Thursday, June 28, 2018

NSA — CONTINUALLY VIOLATING FISA SINCE 2004



From 2004 until 2009, in spite of twice quarterly Office of General Counsel spot checks imposed to prevent it, “‘[v]irtually every PR/TT record’ generated [by the bulk Internet metadata program] included some data that had not been authorized for collection.” 3

From 2007 until 2011, NSA collected entirely domestic and untargeted communications as part of Multiple Communication Transaction bundles without restricting access to the unrelated communications. 4

In June 2010, NSA admitted it had improperly retained Title I data in a management system that the court had deemed an overcollection; in May 2011, FISC found this retention problematic under 1809(a)(2). The government even argued that prohibitions 5 on using unlawfully collected information “only applied to interceptions authorized by the Court and did not apply to the fruits of unlawful surveillance.”

From 2011 to 2016, NSA retained Section 702 overcollection in its management systems, in spite of the 2011 FISC retention precedent ruling such retention a violation of 1809(a)(2). 7

In 2013, NSA discovered its post-tasking checks to ensure targeted phones had not roamed into the United States had not functioned properly for some redacted period of time (possibly dating back to 2008), meaning some of the telephone collection from that period may have been collected on individuals located inside the United States in violation of 702.8

https://www.emptywheel.net/2018/06/28/nsa-continually-violating-fisa-since-2004/

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