[nexa] Fwd: [IP] NSA admits listening to U.S. phone calls without warrants

J.C. DE MARTIN demartin at polito.it
Sun Jun 16 11:55:17 CEST 2013




-------- Original Message --------
Subject: 	[IP] NSA admits listening to U.S. phone calls without warrants
Date: 	Sun, 16 Jun 2013 04:55:28 -0400
From: 	Dave Farber <dave at farber.net>
Reply-To: 	dave at farber.net
To: 	ip <ip at listbox.com>





---------- Forwarded message ----------
From: *Dewayne Hendricks*
Date: Sunday, June 16, 2013
Subject: [Dewayne-Net] NSA admits listening to U.S. phone calls without 
warrants
To: Multiple recipients of Dewayne-Net <dewayne-net at warpspeed.com 
<mailto:dewayne-net at warpspeed.com>>


[Note:  This item comes from reader Randall Head.  DLH]

NSA admits listening to U.S. phone calls without warrants
National Security Agency discloses in secret Capitol Hill briefing that 
thousands of analysts can listen to domestic phone calls. That 
authorization appears to extend to e-mail and text messages too.
By Declan McCullagh
June 15 2013
<http://news.cnet.com/8301-13578_3-57589495-38/nsa-admits-listening-to-u.s-phone-calls-without-warrants/>

The National Security Agency has acknowledged in a new classified 
briefing that it does not need court authorization to listen to domestic 
phone calls.
Rep. Jerrold Nadler, a New York Democrat, disclosed this week that 
during a secret briefing to members of Congress, he was told that the 
contents of a phone call could be accessed "simply based on an analyst 
deciding that."

If the NSA wants "to listen to the phone," an analyst's decision is 
sufficient, without any other legal authorization required, Nadler said 
he learned. "I was rather startled," said Nadler, an attorney and 
congressman who serves on the House Judiciary committee.

Not only does this disclosure shed more light on how the NSA's 
formidable eavesdropping apparatus works domestically, it also suggests 
the Justice Department has secretly interpreted federal surveillance law 
to permit thousands of low-ranking analysts to eavesdrop on phone calls.

Because the same legal standards that apply to phone calls also apply to 
e-mail messages, text messages, and instant messages, Nadler's 
disclosure indicates the NSA analysts could also access the contents of 
Internet communications without going before a court and seeking approval.

The disclosure appears to confirm some of the allegations made by Edward 
Snowden, a former NSA infrastructure analyst who leaked classified 
documents to the Guardian. Snowden said in a video interview that, while 
not all NSA analysts had this ability, he could from Hawaii "wiretap 
anyone from you or your accountant to a federal judge to even the 
president."

There are serious "constitutional problems" with this approach, said 
Kurt Opsahl, a senior staff attorney at the Electronic Frontier 
Foundation who has litigated warrantless wiretapping cases. "It 
epitomizes the problem of secret laws."

The NSA yesterday declined to comment to CNET. A representative said 
Nadler was not immediately available. (This is unrelated to last week's 
disclosure that the NSA is currently collecting records of the metadata 
of all domestic Verizon calls, but not the actual contents of the 
conversations.)

[snip]




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