LOOK WHAT CRAWLS OUT FROM PODESTA MAILS – a report on SECTION 702 AND THE COLLECTION OF INTERNATIONAL TELEPHONE AND INTERNET CONTENT presented byPROFESSOR LAURA K. DONOHUE
"Dear all: On Thursday, September 4, Laura Donohue will present her paper "Section 702 and the Collection of International Telephone and Internet Content," attached to this email. The paper will also be available on line herehttp://scholarship.law.georgetown.edu/facpub/1355/ and, in hard copy, at Faculty Support. This will be a Tuesday-style workshop, held in the Hotung Faculty Dining Room beginning at Noon. Lunch will be served." http://bit.ly/2uoppdp Email dated august 2014 – worksession scheduled for 4 September 2014 "On June 6, 2013, the Washington Post and The Guardian captured public attention by reporting that the intelligence community was collecting large amounts of information about U.S. citizens.1 The National Security Agency (NSA) and Federal Bureau of Investigation (FBI) were “tapping directly into the central servers of nine leading U.S. Internet companies, extracting audio, video, photographs, e-mails, documents and connection logs that enable analysts to track a person’s movements and contacts over time.”2 In conjunction with the articles, the press published a series of PowerPoint slides attributed to the NSA, describing a program called “PRISM” (also known by its SIGAD, US- 984XN).3 The title slide referred to it as the most used NSA SIGAD." ""Within days of the releases, the intelligence community acknowledged the existence of the programs.13 In August 2013 the Director of National Intelligence, James Clapper, offered further confirmation, noting that PRISM had been in operation since Congress had passed the 2008 FISA Amendments Act.14 He declassified eight documents,15 and by the end of the month, he had announced that the intelligence community would release the total number of §702 orders issued, and targets thereby affected, on an annual basis. Although much of the information about PRISM and upstream collection remains classified, what has been made public suggests that these programs push statutory language to its limit, even as they raise critical Fourth Amendment concerns." "Although a warrant is not required for foreign intelligence collection overseas, the interception of communications under §702 must still comport with the reasonableness requirements of the Fourth Amendment. A totality of the circumstances test, in which the significant governmental interest in national security is weighed against the potential intrusion into U.S. persons’ privacy, applies. The incidental collection of large quantities of U.S. persons’ international communications, the scanning of content for information “about” non-U.S. person targets, and the interception of non-relevant and entirely domestic communications in multi-communication transactions, as well as the query of data using U.S. person identifiers, fall outside the reasonableness component of the Fourth Amendment." "The FAA was set to expire at the end of 2012. By early February, James Clapper, the Director of National Intelligence, and Attorney General Eric Holder had informed Congressional leaders that reauthorization of the FAA was “the top legislative priority of the national Intelligence Community.” 153 The Administration credited the FAA with the production of “significant intelligence that is vital to protect the nation against international terrorism and other threats.”154 Offering classified briefings and attaching an unclassified annex, Clapper and Holder wrote, “We are always considering whether there are changes that could be made to improve the law in a manner consistent with the privacy and civil liberties interests of Americans.”155 But their “first priority” was “reauthorization of these authorities in their current form.”156 The NSA’s inability to provide the number of American citizens’ communications intercepted under the act became a matter of public debate. In May 2012 Senators Ron Wyden and Mark Udall raised concerns about what they referred to as a “back door” in the statute.157 In June 2012 SSCI noted numerous Senators’ concern about the IC’s inability to provide an estimate of the number of individuals whose communications had been intercepted.158 Attention was further drawn to the lack of information about whether the NSA had attempted to search Americans’ communications without a warrant.159 By the end of July 2012, more than a dozen senators had joined a letter to Director of National Intelligence James R. Clapper, expressing alarm “that the intelligence community has stated that ‘it is not reasonably possible to identify the number of people located inside the United States whose communications may have been reviewed’ under the FAA.’”160 These concerns did not stop the legislation from progressing. Congress did not hold any hearings on the renewal bill.161 Efforts to amend the legislation failed.162 On September 12, 2012, with minimal debate, the House voted to reauthorize the FAA 301-118.163 The Senate passed the bill at the end of December 2012, 73 to 23.164 President Obama signed the legislation, extending the FAA until Dec. 31, 2017.165 Six months later, the Snowden documents again forced §702 into the public discussion. The information that has since emerged raises statutory and constitutional concerns with regard to three areas: targeting, post-targeting analysis, and the use and dissemination of information."
Submitted July 14, 2017 at 04:24PM by SA4Trump
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