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US intelligence outlines checks it says validate surveillance US intelligence outlines checks it says validate surveillance
(4 months later)
The US intelligence community has written to Congress to confirm the existence of two sweeping surveillance programmes revealed by the Guardian, but defended their legality and usefulness in preventing terrorism.The US intelligence community has written to Congress to confirm the existence of two sweeping surveillance programmes revealed by the Guardian, but defended their legality and usefulness in preventing terrorism.
In the fullest official account yet of how the US gathers domestic telephone data and overseas internet traffic, the document sent on Saturday claims that both programmes were authorised by Congress under section 215 of the Patriot Act and section 702 of the FISA Amendments Act.In the fullest official account yet of how the US gathers domestic telephone data and overseas internet traffic, the document sent on Saturday claims that both programmes were authorised by Congress under section 215 of the Patriot Act and section 702 of the FISA Amendments Act.
This has been disputed by a number of senators and congressmen, including one of the authors of the Patriot Act, who say it is more sweeping than they envisaged, but the document details a number of internal checks put in place since that seek to minimise the exposure of private data obtained inadvertently from citizens who are not terrorist suspects.This has been disputed by a number of senators and congressmen, including one of the authors of the Patriot Act, who say it is more sweeping than they envisaged, but the document details a number of internal checks put in place since that seek to minimise the exposure of private data obtained inadvertently from citizens who are not terrorist suspects.
Referring to the gathering of US telephone records, it says: "The metadata is segregated and queries against the database are documented and audited. Only a small number of specifically-trained officials may access the data; the Foreign Intelligence Surveillance Court reviews the program every 90 days; and the data must be destroyed within five years."Referring to the gathering of US telephone records, it says: "The metadata is segregated and queries against the database are documented and audited. Only a small number of specifically-trained officials may access the data; the Foreign Intelligence Surveillance Court reviews the program every 90 days; and the data must be destroyed within five years."
The National Security Agency has not responded to questions from the Guardian about whether there was any external audit of this five-year moratorium, not was any additional detail provided to Congress.The National Security Agency has not responded to questions from the Guardian about whether there was any external audit of this five-year moratorium, not was any additional detail provided to Congress.
The document also reveals that 300 identifiers "associated with specific foreign terrorist organizations" were targeted within the phone metadata for further scrutiny in 2012.The document also reveals that 300 identifiers "associated with specific foreign terrorist organizations" were targeted within the phone metadata for further scrutiny in 2012.
However, the briefing document does not address concerns raised by a number of members of Congress as to whether further court approval is required to query the database for these specific records, simply saying officers require "reasonable suspicion based on specific and articulated facts, that an identifier is associated with specific foreign terrorist organizations".However, the briefing document does not address concerns raised by a number of members of Congress as to whether further court approval is required to query the database for these specific records, simply saying officers require "reasonable suspicion based on specific and articulated facts, that an identifier is associated with specific foreign terrorist organizations".
Dianne Feinstein, the California Democrat who chairs the Senate intelligence committee, told the Guardian on Thursday her "understanding" was that Fisa court approval is not required before a database query of Americans' phone records.Dianne Feinstein, the California Democrat who chairs the Senate intelligence committee, told the Guardian on Thursday her "understanding" was that Fisa court approval is not required before a database query of Americans' phone records.
The briefing document says the metadata gathered within this particular programme includes telephone numbers dialled and length of calls, but does not include the content of the calls or location data.The briefing document says the metadata gathered within this particular programme includes telephone numbers dialled and length of calls, but does not include the content of the calls or location data.
Earlier on Saturday it was revealed that one of the Congressman present at a secret briefing given by intelligence chiefs on Tuesday claims he was told that agents did not have to obtain extra approval to listen to the content of calls.Earlier on Saturday it was revealed that one of the Congressman present at a secret briefing given by intelligence chiefs on Tuesday claims he was told that agents did not have to obtain extra approval to listen to the content of calls.
Jerrold Nadler, a New York Democrat, said he was told that the contents of a phone call could be accessed "simply based on an analyst deciding that".Jerrold Nadler, a New York Democrat, said he was told that the contents of a phone call could be accessed "simply based on an analyst deciding that".
"I was rather startled," said Nadler, an attorney and congressman who serves on the House Judiciary committee, in an article on CNET."I was rather startled," said Nadler, an attorney and congressman who serves on the House Judiciary committee, in an article on CNET.
The briefing sent to Congress on Saturday says a similar system of internal checks is in place for the Prism programme, which "targets the internet communications of foreigners".The briefing sent to Congress on Saturday says a similar system of internal checks is in place for the Prism programme, which "targets the internet communications of foreigners".
"Congress requires the government to develop and obtain judicial approval for 'minimization' procedures to ensure appropriate protection of any information about US persons that may be incidentally acquired," it says. "The Government did that, and its procedures were approved by the Foreign Intelligence Surveillance Court.""Congress requires the government to develop and obtain judicial approval for 'minimization' procedures to ensure appropriate protection of any information about US persons that may be incidentally acquired," it says. "The Government did that, and its procedures were approved by the Foreign Intelligence Surveillance Court."
It also defends the role of US technology companies, saying the law compels them to "provide certain communication records" but implied some had put up a fight. "While required to comply, US companies have put energy, focus and commitment to consistently protect the privacy of their customers, as well as the safety and security of these same customers, around the world," it said.It also defends the role of US technology companies, saying the law compels them to "provide certain communication records" but implied some had put up a fight. "While required to comply, US companies have put energy, focus and commitment to consistently protect the privacy of their customers, as well as the safety and security of these same customers, around the world," it said.
Disclosure of the latest briefing to Congress from intelligence chiefs follows leaks to the Guardian and Washington Post, and a fresh investigation by the Associated Press which claims that collection of data from internet companies is only the tip of a much bigger digital surveillance programme that includes the NSA tapping directly into the global internet backbone to obtain raw traffic data.Disclosure of the latest briefing to Congress from intelligence chiefs follows leaks to the Guardian and Washington Post, and a fresh investigation by the Associated Press which claims that collection of data from internet companies is only the tip of a much bigger digital surveillance programme that includes the NSA tapping directly into the global internet backbone to obtain raw traffic data.
On Saturday the US intelligence community repeated claims made by the FBI director, Robert Mueller, that its surveillance activities were essential to preventing terrorism and hinted that they might have stopped the 11 September attacks had they been in place in 2001.On Saturday the US intelligence community repeated claims made by the FBI director, Robert Mueller, that its surveillance activities were essential to preventing terrorism and hinted that they might have stopped the 11 September attacks had they been in place in 2001.
The briefing document says the telephone data collection was "designed to address a seam between foreign and domestic counterterrorism efforts exposed in the 9/11 attacks".The briefing document says the telephone data collection was "designed to address a seam between foreign and domestic counterterrorism efforts exposed in the 9/11 attacks".
It had helped to thwart potential terrorist plots in the US and more than 20 other countries, the document said.It had helped to thwart potential terrorist plots in the US and more than 20 other countries, the document said.
It gives fresh details to back up claims that both programmes helped foil an attempted attack on the New York subway in 2009 by Colorado-based extremist Najibullah Zazi.It gives fresh details to back up claims that both programmes helped foil an attempted attack on the New York subway in 2009 by Colorado-based extremist Najibullah Zazi.
The document says: "NSA received Zazi's telephone number from FBI and ran it against the Section 215 Business Records data, identifying and passing additional leads back to the FBI for investigation."The document says: "NSA received Zazi's telephone number from FBI and ran it against the Section 215 Business Records data, identifying and passing additional leads back to the FBI for investigation."
The ability of these programmes to obtain crucial intelligence not available by other less intrusive means has been challenge by two members of the Senate intelligence committee, senators Ron Wyden and Mark Udall, but the intelligence community stood its ground on Saturday.The ability of these programmes to obtain crucial intelligence not available by other less intrusive means has been challenge by two members of the Senate intelligence committee, senators Ron Wyden and Mark Udall, but the intelligence community stood its ground on Saturday.
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