This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.theguardian.com/world/2014/jan/17/obama-nsa-reforms-end-storage-americans-call-data
The article has changed 5 times. There is an RSS feed of changes available.
Version 0 | Version 1 |
---|---|
Obama presents NSA reforms with plan to end government storage of call data | Obama presents NSA reforms with plan to end government storage of call data |
(35 minutes later) | |
US president Barack Obama forcefully defended the embattled National Security Agency on Friday in a speech that outlined a series of surveillance reforms but stopped well short of demanding an end to the bulk collection of American phone data. | US president Barack Obama forcefully defended the embattled National Security Agency on Friday in a speech that outlined a series of surveillance reforms but stopped well short of demanding an end to the bulk collection of American phone data. |
In his widely anticipated address at the Justice Department on the future course of US surveillance policy, Obama said the government should no longer hold databases of every call record made in the United States, citing the “potential for abuse” as the reason for making the change. | In his widely anticipated address at the Justice Department on the future course of US surveillance policy, Obama said the government should no longer hold databases of every call record made in the United States, citing the “potential for abuse” as the reason for making the change. |
But Obama made it clear that the databases would continue to exist, effectively rejecting a call from civil libertarians to require the NSA to collect subscriber information from phone companies only when they possess specific suspicion of connection to a terrorist group or other wrongdoing. | |
Mounting a forceful defence of the NSA, Obama said: “They’re not abusing authorities in order to listen to your private phone calls, or read your emails.” He did not mention that judges on the secret surveillance court have found NSA has repeatedly and “systematically” overstepped its bounds. Instead, he counselled strongly against any steps that would undermine US national security. “We cannot unilaterally disarm our intelligence agencies,” he said. | |
Obama’s remarks were bound to give the beleaguered NSA a boost of confidence, while disappointing civil libertarians who wanted to hear the president defend the privacy of American citizens more emphatically. | |
In the key points of his speech, Obama said: | |
• The government will no longer store the phone call information of millions of Americans. But he did not say who should maintain the information, instead giving the intelligence community 60 days to come up with options. | |
• Intelligence agencies must, with immediate effect, apply to the secret Fisa court for judicial approval to access Americans' phone records. | |
• The secret Fisa court should be reformed to include a panel of independent advocates to provide a voice in "significant cases". | |
• The NSA will not spy on the heads of state and governments of allies, and said some further protections would be given to foreign citizens whose communications were caught up in the agency's dragnet. | |
• The US government had to be held to a "higher standard" than private corporations that store user data or foreign governments that undertake their own surveillance. | |
Obama said a balance had to be struck between competing demands. “We have to make some important decisions about how to protect ourselves and sustain our leadership in the world, while upholding the civil liberties and privacy protections that our ideals and our constitution require,” he said. | |
The president called for further reviews of the thorny questions surrounding the scope of NSA’s power, saying: “The challenge is getting the details right, and that is not simple.” | |
Obama has directed attorney general Eric Holder, NSA director Keith Alexander and the rest of the intelligence community to present proposals over the next several weeks for what private entity should hold Americans’ telephone metadata, casting it as an issue that requires further deliberation before any decision that could have major implications for both privacy and security. | Obama has directed attorney general Eric Holder, NSA director Keith Alexander and the rest of the intelligence community to present proposals over the next several weeks for what private entity should hold Americans’ telephone metadata, casting it as an issue that requires further deliberation before any decision that could have major implications for both privacy and security. |
“What I did not do is stop these programs wholesale, not only because I felt that they made us more secure, but also because nothing in that initial review, and nothing that I have learned since, indicated that our intelligence community has sought to violate the law or is cavalier about the civil liberties of their fellow citizens,” Obama said. | “What I did not do is stop these programs wholesale, not only because I felt that they made us more secure, but also because nothing in that initial review, and nothing that I have learned since, indicated that our intelligence community has sought to violate the law or is cavalier about the civil liberties of their fellow citizens,” Obama said. |
Obama said that ahead of transitioning the database out of government hands, the NSA will now have to receive approval from the secret surveillance court before searching through the data trove for connections to terrorist groups. Those searches would be restricted to two “hops”, meaning that a number “reasonably” suspected can have all the numbers it called and from which it received calls reviewed, and all of those numbers can also have their connections examined. | Obama said that ahead of transitioning the database out of government hands, the NSA will now have to receive approval from the secret surveillance court before searching through the data trove for connections to terrorist groups. Those searches would be restricted to two “hops”, meaning that a number “reasonably” suspected can have all the numbers it called and from which it received calls reviewed, and all of those numbers can also have their connections examined. |
“I believe it is important that the capability that this program is designed to meet is preserved,” Obama said. | “I believe it is important that the capability that this program is designed to meet is preserved,” Obama said. |
That call fell short of expectations from privacy advocates in and outside of Congress, who want the government collection of Americans’ metadata without specific connections to terrorism, approved by a judge, to stop. | That call fell short of expectations from privacy advocates in and outside of Congress, who want the government collection of Americans’ metadata without specific connections to terrorism, approved by a judge, to stop. |
"We must all remember that the very act of bulk collection of private data undermines Americans’ constitutional rights," said Senator Ron Wyden, a prominent critic, on Twitter after the speech. | |
Obama was more definitive about assuring allied foreign leaders that he would not spy on their communications, an issue that became a diplomatic row straining relations with Germany, Brazil and other countries. | Obama was more definitive about assuring allied foreign leaders that he would not spy on their communications, an issue that became a diplomatic row straining relations with Germany, Brazil and other countries. |
“The leaders of our close friends and allies deserve to know that if I want to learn what they think about an issue, I will pick up the phone and call them, rather than turning to surveillance,” Obama said. | “The leaders of our close friends and allies deserve to know that if I want to learn what they think about an issue, I will pick up the phone and call them, rather than turning to surveillance,” Obama said. |
But Obama did not issue new protections for non-Americans abroad, saying instead that he wanted additional privacy protections for foreigners. Nor did he address the NSA’s secret weakening of encryption standards, first reported by the Guardian, which have greatly concerned US businesses. | But Obama did not issue new protections for non-Americans abroad, saying instead that he wanted additional privacy protections for foreigners. Nor did he address the NSA’s secret weakening of encryption standards, first reported by the Guardian, which have greatly concerned US businesses. |
The Guardian reported on Thursday, based on documents leaked by NSA whistleblower Edward Snowden, that the NSA collects an average of 200m texts messages abroad every day. The collection of “untargeted and unwarranted” communications, through a program codenamed Dishfire, is one of several NSA activities that have drawn global concern since their disclosure. | The Guardian reported on Thursday, based on documents leaked by NSA whistleblower Edward Snowden, that the NSA collects an average of 200m texts messages abroad every day. The collection of “untargeted and unwarranted” communications, through a program codenamed Dishfire, is one of several NSA activities that have drawn global concern since their disclosure. |
Similarly, Obama defended a program, now conducted under Section 702 of the Fisa Amendments Act, that allows the NSA to hold the internet communications of foreigners abroad. He directed Holder and James Clapper, the director of national intelligence, to review the program to add protections for Americans whose information has been caught up in the dragnet. | |
But he stopped he short of ordering NSA not to query that database for Americans’ identifying information, an authority first revealed by the Guardian and which senator Ron Wyden dubbed the “backdoor search loophole”. Any restriction on that authority would apparently follow the review. | |
Obama said he wanted additional safeguards for the secret surveillance court, known as the Fisa court, which currently only the government can petition. Obama urged Congress to set up “an independent voice” before the court, along with new technological consultants, who can argue for the privacy interests of US citizens and help the court better navigate the vast, complex and changing technological capabilities of the NSA. Declassified rulings show this has vexed judges on the court for years. | |
The president also rejected a recommendation from his handpicked surveillance panel to place judicial oversight over the FBI’s practice of issuing a nonjudicial subpoena known as a National Security Letter for the records of US businesses. But Obama proposed allowing businesses greater, but as yet unspecified, ability to discuss those letters, which are currently under a gag order. | The president also rejected a recommendation from his handpicked surveillance panel to place judicial oversight over the FBI’s practice of issuing a nonjudicial subpoena known as a National Security Letter for the records of US businesses. But Obama proposed allowing businesses greater, but as yet unspecified, ability to discuss those letters, which are currently under a gag order. |
Much of the substance of Obama’s proposals remain undefined. The telephone companies have resisted having to store customer data for additional periods of time on behalf of the NSA, and any new third-party private storehouse of metadata would have to be created from scratch. | Much of the substance of Obama’s proposals remain undefined. The telephone companies have resisted having to store customer data for additional periods of time on behalf of the NSA, and any new third-party private storehouse of metadata would have to be created from scratch. |
The lack of clarity places increasing pressure on Congress to ultimately resolve many of the complexities of surveillance – creating effectively a new round of jockeying on Capitol Hill between privacy advocates and the NSA’s allies, who fear losing what Obama described as a valuable tool for determining domestic connections to terrorism. | The lack of clarity places increasing pressure on Congress to ultimately resolve many of the complexities of surveillance – creating effectively a new round of jockeying on Capitol Hill between privacy advocates and the NSA’s allies, who fear losing what Obama described as a valuable tool for determining domestic connections to terrorism. |
Obama gave less attention to the man whose disclosures prompted his speech: Edward Snowden. “I’m not going to dwell on Mr Snowden’s actions or motivations,” Obama said. “I will say that our nation’s defence depends in part on the fidelity of those entrusted with our nation’s secrets.” | Obama gave less attention to the man whose disclosures prompted his speech: Edward Snowden. “I’m not going to dwell on Mr Snowden’s actions or motivations,” Obama said. “I will say that our nation’s defence depends in part on the fidelity of those entrusted with our nation’s secrets.” |
Our editors' picks for the day's top news and commentary delivered to your inbox each morning. | Our editors' picks for the day's top news and commentary delivered to your inbox each morning. |