Surprise: At the End, Obama Administration Gave NSA Broad New Powers
 
BY MICHAEL WALSH <https://pjmedia.com/columnist/michael-walsh> FEBRUARY 15, 
2017
CHAT 1246 COMMENTS 
<https://pjmedia.com/trending/2017/02/15/surprise-at-the-end-obama-administration-gave-nsa-broad-new-powers/#comments>
(AP Photo/Patrick Semansky, File)

This story, from the Jan. 12, 2017, edition of the *New York Times* 
<https://www.nytimes.com/2017/01/12/us/politics/nsa-gets-more-latitude-to-share-intercepted-communications.html?platform=hootsuite>,
 
was little-remarked upon at the time, but suddenly has taken on far greater 
significance in light of current events:

In its final days, the Obama administration has expanded the power of the 
National Security Agency to share globally intercepted personal 
communications with the government’s 16 other intelligence agencies 
<https://www.dni.gov/index.php/intelligence-community/members-of-the-ic> before 
applying privacy protections.

The new rules significantly *relax longstanding limits* on what the N.S.A. 
may do with the information gathered by its most powerful surveillance 
operations, which are largely unregulated by American wiretapping laws. 
These include collecting satellite transmissions, phone calls and emails 
that cross network switches abroad, and messages between people abroad that 
cross domestic network switches.



The change means that far more officials will be searching through raw 
data. Essentially, the government is reducing the risk that the N.S.A. will 
fail to recognize that a piece of information would be valuable to another 
agency, but increasing the risk that officials will see *private 
information about innocent people*.

One of the central questions behind the Mike Flynn flap that should have 
been asked but largely wasn't is: who was wiretapping the general? The 
answer, we know now, was the National Security Agency, formerly known as No 
Such Agency, the nation's foremost signals-intelligence (SIGINT) collection 
department.

The Empire Strikes Back 
<https://pjmedia.com/michaelwalsh/2017/02/14/the-empire-strikes-back/>

Once compartmentalized to avoid injuring private citizens caught up in the 
net of the Black Widow 
<http://www.darkgovernment.com/news/black-widow-nsa-spying-computer/> (as 
we all are already) and her technological successors, the NSA was suddenly 
handed greater latitude in what it could share with other, perhaps more 
politicized bodies of the intelligence community.

Let's call the roster of the bad guys:

Attorney General Loretta E. Lynch signed the new rules, permitting the 
N.S.A. to disseminate “raw signals intelligence information,” on Jan. 3, 
after the director of national intelligence, James R. Clapper Jr., signed 
them on Dec. 15, according to a 23-page, largely declassified copy of the 
procedures 
<https://www.documentcloud.org/documents/3283349-Raw-12333-surveillance-sharing-guidelines.html>
.

Previously, the N.S.A. filtered information before sharing intercepted 
communications with another agency, like the C.I.A. or the intelligence 
branches of the F.B.I. and the Drug Enforcement Administration. The 
N.S.A.’s analysts passed on only information they deemed pertinent, 
screening out the identities of innocent people and irrelevant personal 
information.

Now, other intelligence agencies will be able to search directly through 
raw repositories of communications intercepted by the N.S.A. and then apply 
such rules for “minimizing” privacy intrusions.



“This is *not expanding the substantive ability of law enforcement* to get 
access to signals intelligence,” said Robert S. Litt, the general counsel 
to Mr. Clapper. “It is simply widening the aperture for a larger number of 
analysts, who will be bound by the existing rules.”

Throwing the BS flag on this one. "Widening the aperture," my old granny. 
One of the things about the IC is that "existing rules" are made to be 
broken whenever one of its unaccountable minions feels like it; these are 
people who lie and cheat for a living. And the genius of the Democrats -- 
something for the GOP to think about next time -- is that they were able to 
leverage the transition in order to change as many rules and embed as many 
apparatchiks as possible before formally turning over the reins to the new 
kids.

But Patrick Toomey, a lawyer for the American Civil Liberties Union, called 
the move an erosion of rules intended to protect the privacy of Americans 
when their messages are caught by the N.S.A.’s powerful global collection 
methods. He noted that domestic internet data was often routed or stored 
abroad, where it may get vacuumed up without court oversight.

“Rather than dramatically expanding government access to so much personal 
data, we need much stronger rules to protect the privacy of Americans,” Mr. 
Toomey said. “Seventeen different government agencies shouldn’t be rooting 
through Americans’ emails with family members, friends and colleagues, all 
without ever obtaining a warrant.”

Correct. But the Fourth Amendment 
<http://the%20right%20of%20the%20people%20to%20be%20secure%20in%20their%20persons%2C%20houses%2C%20papers%2C%20and%20effects%2C%20against%20unreasonable%20searches%20and%20seizures%2C%20shall%20not%20be%20violated%2C%20and%20no%20warrants%20shall%20issue%2C%20but%20upon%20probable%20cause%2C%20supported%20by%20oath%20or%20affirmation%2C%20and%20particularly%20describing%20the%20place%20to%20be%20searched%2C%20and%20the%20persons%20or%20things%20to%20be%20seized./>
 went 
out the barn door along with all the pretty horses long ago. Google and 
Facebook and Amazon know more about you than the CIA or FBI ever used to. 
And most of the personal information is provided by... you. Think about 
that, the next time you "check in," post pictures of your loved ones and 
talk about your travel plans.

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