Sources: NSA sucks in data from 50 companies (theweek.com)
recommended by 1 user | 2013 | 223 points by cpleppert | privacy & surveillance | original thread |
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jdp23 Jun 8, 2013 | on: Solving the mystery of PRISM | context

Marc Ambinder, the author, is known for having good sources in the security and defense communities. Government officials often work with him to communicate their perspectives anonymously. His article on "NSA sucks in data from 50 companies" [1] is worth reading as well.

At a first reading, this seems consistent with what's been reported and with the carefully-worded denials from tech companies. A few thoughts:

Under the FISA Amendments Act of 2008, the NSA and the attorney general apply for an order allowing them to access a slice of the stuff that a company like Facebook keeps on its servers. Maybe this order is for all Facebook accounts opened up in Abbottabad, Pakistan. Maybe there are 50 of them.

As we saw with the Verizon case, the FISA court is willing to approve very broad collection. Could an order extend as far as all Facebook accounts opened up in all of Pakistan?

It is of course hard to view a Facebook account in isolation and not incidentally come into contact with an account that is owned by an American. I assume that a bunch of us have Pakistani Facebook friends. If the NSA is collecting on that account, and I were to initiate a Facebook chat, the NSA would suck up my chat. Supposedly, the PRISM system would flag this as an incidental overcollect and delete it from the analyst's workspace. Because the internet is a really complicated series of tubes, though, this doesn't always happen. And so the analyst must sometimes "physically" segregate the U.S. person's data.

This is the kind of overcollection that those of us fighting the FISA Amendments Act expressed concern about and were assured wouldn't happen. So now the goalposts have been moved, with the government arguing that it's okay to overcollect.

As Marc points out later in the article, they can also do initial analysis, and pass to the FBI. His example is in terms of a terrorist threat ... but suppose they found evidence of other crimes? Less than 1% of the Section 213 "sneak and peak" Patriot Act authorizations have been terrorism-related (most of them are drug-related) [2], so there's certainly plenty of precedence for using this kind of data for ordinary law enforcement.

[1] https://news.ycombinator.com/item?id=5844972

[2] http://irregulartimes.com/index.php/archives/2012/02/06/unde...;