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| Intelligence chiefs would consider NSA data collection changes – top lawyer | Intelligence chiefs would consider NSA data collection changes – top lawyer |
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| The top lawyer for the US director of national intelligence suggested Friday that the intelligence community would consider changes to its controversial bulk surveillance of telephone records. | The top lawyer for the US director of national intelligence suggested Friday that the intelligence community would consider changes to its controversial bulk surveillance of telephone records. |
| The apparent openness to modifying the surveillance efforts comes after a week of increasing criticism on Capitol Hill by Republican and Democratic legislators. | The apparent openness to modifying the surveillance efforts comes after a week of increasing criticism on Capitol Hill by Republican and Democratic legislators. |
| Robert S Litt, speaking at the Brookings Institution in Washington on Friday, strongly defended the legality and propriety of the National Security Agency collecting telephone records on millions of Americans prior to specific national-security investigations. | Robert S Litt, speaking at the Brookings Institution in Washington on Friday, strongly defended the legality and propriety of the National Security Agency collecting telephone records on millions of Americans prior to specific national-security investigations. |
| "It is, however, not the only way that we could regulate intelligence collection," Litt said. "We're currently working to declassify more information about our activities to inform that discussion," particularly concerning the bulk collection of Americans' telephone records. | "It is, however, not the only way that we could regulate intelligence collection," Litt said. "We're currently working to declassify more information about our activities to inform that discussion," particularly concerning the bulk collection of Americans' telephone records. |
| Speaking at the Aspen security forum, the NSA director, General Keith Alexander, said on Thursday that "we should consider" restructuring the phone records surveillance so that the telephone companies, rather than the NSA, maintains years-long databases of customer information about numbers dialed and call duration. | Speaking at the Aspen security forum, the NSA director, General Keith Alexander, said on Thursday that "we should consider" restructuring the phone records surveillance so that the telephone companies, rather than the NSA, maintains years-long databases of customer information about numbers dialed and call duration. |
| Litt pointed to current problems with phone-company maintenance of such records that he said led NSA to collect it in bulk starting in 2001. The phone companies keep different records in different databases in different digital formats, for instance, affecting the NSA's ability to rapidly sift through it. | Litt pointed to current problems with phone-company maintenance of such records that he said led NSA to collect it in bulk starting in 2001. The phone companies keep different records in different databases in different digital formats, for instance, affecting the NSA's ability to rapidly sift through it. |
| "That could be a significant problem in a fast-moving investigation where speed and agility are critical, such as the plot to bomb the New York City subways in 2009," Litt said. | "That could be a significant problem in a fast-moving investigation where speed and agility are critical, such as the plot to bomb the New York City subways in 2009," Litt said. |
| But Litt also noted: "All of the metadata we get under this program is information that the telecommunications companies obtain and keep for their own business purposes." | But Litt also noted: "All of the metadata we get under this program is information that the telecommunications companies obtain and keep for their own business purposes." |
| He acknowledged in the beginning of his speech: "There is an entirely understandable concern that the government may abuse this power." | He acknowledged in the beginning of his speech: "There is an entirely understandable concern that the government may abuse this power." |
| Several members of Congress have expressed concern in recent weeks about the legality and necessity of the NSA's bulk telephone records collection, despite Litt and other intelligence officials' arguments that legislators are fulsomely briefed about the program's operation. Criticism swelled on Wednesday during a contentious House judiciary committee hearing, in which legislators blasted the NSA for what some labeled as illegal and unconstitutional intrusions into American privacy. | Several members of Congress have expressed concern in recent weeks about the legality and necessity of the NSA's bulk telephone records collection, despite Litt and other intelligence officials' arguments that legislators are fulsomely briefed about the program's operation. Criticism swelled on Wednesday during a contentious House judiciary committee hearing, in which legislators blasted the NSA for what some labeled as illegal and unconstitutional intrusions into American privacy. |
| Adam Schiff, a Democratic member of the House intelligence committee, praised Alexander for his "openness" to having the companies and not NSA maintain the phone records database, saying it would "better respect the privacy interests of the American people." | Adam Schiff, a Democratic member of the House intelligence committee, praised Alexander for his "openness" to having the companies and not NSA maintain the phone records database, saying it would "better respect the privacy interests of the American people." |
| "I appreciate the director's receptivity to this reform, and urge NSA to work with Congress to implement such a change as expeditiously as possible," Schiff said. | "I appreciate the director's receptivity to this reform, and urge NSA to work with Congress to implement such a change as expeditiously as possible," Schiff said. |
| Litt shed light on the government's argument that collecting Americans' telephone records in bulk was permitted under Section 215 of the Patriot Act, despite the provision's language that such collection must be "relevant" to an investigation. | Litt shed light on the government's argument that collecting Americans' telephone records in bulk was permitted under Section 215 of the Patriot Act, despite the provision's language that such collection must be "relevant" to an investigation. |
| The government, Litt said, "is not limited to obtaining only those records that [analysts] can specifically identify as potentially incriminating or pertinent to establishing liability, because in order to identify such records, it's often necessary to collect a much broader set of records that might potentially bear fruit by leading to specific material that could bear on the issue." | The government, Litt said, "is not limited to obtaining only those records that [analysts] can specifically identify as potentially incriminating or pertinent to establishing liability, because in order to identify such records, it's often necessary to collect a much broader set of records that might potentially bear fruit by leading to specific material that could bear on the issue." |
| Congressman James Sensenbrenner, Republican of Wisconsin and co-author of the Patriot Act, told the Guardian on Thursday that the bulk collection of Americans' phone records, prior to a specific investigation, stemmed from a "misinterpretation of Section 215." | Congressman James Sensenbrenner, Republican of Wisconsin and co-author of the Patriot Act, told the Guardian on Thursday that the bulk collection of Americans' phone records, prior to a specific investigation, stemmed from a "misinterpretation of Section 215." |
| Responding to a question from Brookings scholar Wells C Bennett, Litt said "one option" would be for Congress to pass a new law explicitly permitting the NSA to collect Americans' telephone records in bulk. | Responding to a question from Brookings scholar Wells C Bennett, Litt said "one option" would be for Congress to pass a new law explicitly permitting the NSA to collect Americans' telephone records in bulk. |
| "You'd have to make sure that it enables the kind of flexibility and operational agility that we need to conduct the collection," Litt said. "We don't think a new statute is necessary. We think we have the authority. But obviously, if Congress thinks a new statute is appropriate for this, Congress can provide that." | "You'd have to make sure that it enables the kind of flexibility and operational agility that we need to conduct the collection," Litt said. "We don't think a new statute is necessary. We think we have the authority. But obviously, if Congress thinks a new statute is appropriate for this, Congress can provide that." |
| The bulk collection of phone records is authorized by the Fisa court for a 90-day period and has been renewed for years. Yet the existence of the bulk collection was unknown until the Guardian, relying on leaks from ex-NSA contractor Edward Snowden, published a Fisa court order compelling Verizon to provide the NSA with the records of calls made and received by all of their American customers. | The bulk collection of phone records is authorized by the Fisa court for a 90-day period and has been renewed for years. Yet the existence of the bulk collection was unknown until the Guardian, relying on leaks from ex-NSA contractor Edward Snowden, published a Fisa court order compelling Verizon to provide the NSA with the records of calls made and received by all of their American customers. |
| That order expired at 5pm on Friday. The Obama administration announced shortly before 5 that the Fisa Court allowed it to renew the Verizon order, one of several secretly issued by the court to phone companies on behalf of the government. | |
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