Thursday November 26th, 2015 4:23PM

NSA's Internet monitoring said to be legal

By The Associated Press
WASHINGTON (AP) -- The first time the bipartisan Privacy and Civil Liberties Oversight Board dissected a National Security Agency surveillance program, it found fundamental flaws, arguing in a January report that the NSA's collection of domestic calling records "lacked a viable legal foundation" and should be shut down.<br /> <br /> But in its latest study, the five-member board takes the opposite view of a different set of NSA programs revealed last year by former NSA systems administrator Edward Snowden.<br /> <br /> The new report, which the board was to vote on Wednesday, found that the NSA's collection of Internet data within the United States passes constitutional muster and employs "reasonable" safeguards designed to protect the rights of Americans.<br /> <br /> The board, whose members were appointed by President Barack Obama, largely endorsed a set of NSA surveillance programs that have provoked worldwide controversy since Snowden disclosed them. However, the board's report said some aspects of the programs raise privacy concerns meriting new internal intelligence agency safeguards.<br /> <br /> Under a provision of the 1978 Foreign Intelligence Surveillance Act known as Section 702, the NSA uses court orders and taps on fiber optic lines to target the data of foreigners living abroad when their emails, web chats, text messages and other communications traverse U.S. telecommunications systems.<br /> <br /> Section 702, which was added to the act in 2008, includes the so-called PRISM program, under which the NSA collects foreign intelligence from Google, Facebook, Microsoft, Apple and nearly every other major American technology company.<br /> <br /> U.S. intelligence officials and skeptical members of Congress have agreed that Section 702 has been responsible for disrupting a series of terrorist plots and achieving other insights.<br /> <br /> The board said the programs have "led the government to identify previously unknown individuals who are involved in international terrorism, and it has played a key role in discovering and disrupting specific terrorist plots aimed at the United States and other countries."<br /> <br /> Because worldwide Internet communications are intermingled on fiber optic lines and in cyberspace, known as the cloud, the collection inevitably sweeps in the communications of Americans with no connection to terrorism or foreign intelligence. Activists have expressed concern that a secret intelligence agency is obtaining private American communications without individual warrants. Some have questioned how such a program could be legal under the Fourth Amendment to the Constitution.<br /> <br /> The board, including a Democratic federal judge, two privacy experts and two former Republican Justice Department officials, found that the NSA monitoring was legal and reasonable and that the government takes steps to prevent misuse of Americans' data. Those steps include "minimization" that leaves out the names of Americans from intelligence reports unless they are relevant.<br /> <br /> "Overall, the board finds that the protections contained in the Section 702 minimization procedures are reasonably designed and implemented to ward against the exploitation of information acquired under the program for illegitimate purposes," said the report. "The board has seen no trace of any such illegitimate activity associated with the program."<br /> <br /> That said, the board noted that the rules "potentially allow a great deal of private information about U.S. persons to be acquired by the government."<br /> <br /> The board was troubled by the "unknown and potentially large scope of the incidental collection of U.S. persons' communications," and collection of communications about a target, such as a foreign terrorist organization, that could capture two innocent Americans discussing the organization.<br /> <br /> The report proposals some rule-tightening. For example, the board recommends that NSA and CIA analysts query Section 702 data using the names or email addresses of Americans "only if the query is based upon a statement of facts showing that it is reasonably likely to return foreign intelligence information."<br /> <br /> Section 702 has its roots in the Terrorist Surveillance Program, a collection program President George W. Bush ordered after the 9/11 attacks without seeking a change in the law. After administration lawyers deemed aspects of it illegal, and after so-called warrantless wiretapping was disclosed in news reports, Congress essentially legalized the program in 2008.<br /> <br /> Obama, then a senator running for president, voted in favor of the bill.
© Copyright 2015
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
Judge denies motions to move, delay Tsarnaev trial
Lawyers for Boston Marathon bombing suspect Dzhokhar Tsarnaev asked a federal appeals court Wednesday to overturn a judge's decision to not move his upcoming trial out of state.
10:02PM ( 10 months ago )
High court to adopt electronic filing of cases
The Supreme Court is belatedly developing an electronic filing system similar to those used in courts around the country, Chief Justice John Roberts said Wednesday in his annual end-of-year report.
7:57PM ( 10 months ago )
Storm brings snow, cold to West for New Year's
A blustery winter storm dumped snow and ice across the West on Wednesday, making driving treacherous in the mountains from California to the Rockies and forcing residents and party-goers in some usually sun-soaked cities to bundle up for a frosty New Year's.
5:19PM ( 10 months ago )
U.S. News
State DOT awards $48M contract for NE Ga. road project
The state Department of Transportation has awarded a $47.8 million contract for nine miles of work on a northeast Georgia road.
9:37AM ( 10 months ago )
Business News
Grass fire impacts rush hour traffic on 985
Rush hour traffic on I-985 was slowed by a grass fire Wednesay afternoon with one lane closed while firefighters fought the blaze.
10:19PM ( 10 months ago )
Hall County conviction, sentencing to be reviewed by SCOGA
The State Supreme Court has agreed to hear the appeal of a Hall County man when they reconvene in January.
2:37PM ( 10 months ago )
Maysville man dies from Banks County wreck
The Georgia State Patrol reports that alcohol and/or drugs were factors a single-vehicle wreck that claimed the life of a Maysville man in Banks County Tuesday night.
11:07AM ( 10 months ago )
Local/State News
GOP leader regrets talk to white supremacists; party leaders rally around him
House Republican leaders rallied around one of their own, Whip Steve Scalise, on Tuesday after he said he regrets speaking 12 years ago to a white supremacist organization and condemns the views of such groups.
6:08PM ( 10 months ago )
Conviction of Putin foe sets off protest in Moscow
President Vladimir Putin's chief political foe was convicted along with his brother on Tuesday in a fraud case widely seen as a vendetta by the Kremlin, triggering one of Russia's boldest anti-government demonstrations in years.
6:03PM ( 10 months ago )
More Georgians signing up for health insurance
A federal report says more Georgians have selected health insurance plans through a federally facilitated marketplace.
4:16PM ( 10 months ago )
Obama grants reprieve to turkeys 'Honest' and 'Abe' during White House ceremony
WASHINGTON (AP) — President Barack Obama spared two turkeys named for one of the nation's most admired presidents, continuing a White House tradition that provides a refreshing sense of amusement and...
9:18PM ( 19 hours ago )
The Latest: UN Security Council strongly condemns 'horrifying' attack in Mali, urges probe
BAMAKO, Mali (AP) — The latest on the attack on a hotel in the Malian capital of Bamako. (All times local):___4:55 a.m.The U.N. Security Council is condemning "the horrifying terrorist attack" at the...
10:58PM ( 5 days ago )
World leaders vow vigorous response to Paris terror spree, but little indication of next steps
ANTALYA, Turkey (AP) — World leaders vowed a vigorous response to the Islamic State group's terror spree in Paris as they opened a two-day meeting in Turkey on Sunday, with President Barack Obama call...
2:14PM ( 1 week ago )
Rash of E. coli cases in Pacific Northwest highlights problem of foodborne illnesses
SEATTLE (AP) — As Chipotle prepares to reopen its restaurants in the Pacific Northwest this week after an E. coli outbreak that sickened about 45 people, health experts say foodborne illnesses are mor...
1:40AM ( 2 weeks ago )
Biden says he will not run for president in 2016, finalizing field of Democratic candidates
Vice President Joe Biden will not run for president in 2016, he said Wednesday, ending a months-long flirtation with a third White House campaign and setting him on a glide path toward the end of his decades-long political career.
1:34PM ( 1 month ago )