Surveillance State: Three Ways You're Being Watched
Some National Security Agency analysts deliberately
ignored restrictions on their authority to spy on Americans multiple
times in the past decade, contradicting Obama administration officials’
and lawmakers’ statements that no willful violations occurred.
The Threat Operations Center
inside the National Security Agency in Fort Mead, Maryland, in this 2006
file photo. Photographer: Paul J. Richards/AFP via Getty Images
“Over the past decade, very
rare instances of willful violations of NSA’s authorities have been
found,” the NSA said in a statement to
Bloomberg News.
“NSA takes very seriously allegations of misconduct, and cooperates
fully with any investigations -- responding as appropriate. NSA has zero
tolerance for willful violations of the agency’s authorities.”
The
incidents, chronicled in a new report by the NSA’s inspector general,
provide more evidence that U.S. agencies sometimes have violated legal
and administrative restrictions on domestic spying, and may add to the
pressure to bolster laws that govern intelligence activities.
The
inspector general documented an average of one case per year over 10
years of intentionally inappropriate actions by people with access to
the NSA’s vast electronic surveillance systems, according to an official
familiar with the findings. The incidents were minor, the official
said, speaking on the condition of anonymity to discuss classified
intelligence.
The deliberate actions didn’t violate the 1978
Foreign Intelligence Surveillance Act or the USA Patriot Act, the NSA
said in its statement. Instead, they overstepped 1981 Executive Order
12333, issued by President
Ronald Reagan, which governs U.S. intelligence operations.
The
actions, said a second U.S. official briefed on them, were the work of
overzealous NSA employees or contractors eager to prevent any encore to
the September 11, 2001, terrorist attacks.
Defending NSA
The
agency has taken steps to ensure that everyone understands legal and
administrative boundaries, whom to consult when questions arise, and the
consequences of violations or willful ignorance, said the official, who
spoke on the condition of anonymity because the inspector general’s
report is classified. The report was provided to the congressional
intelligence committees, according to administration officials.
The compilation of willful violations, while limited, contradicts repeated assertions that no deliberate abuses occurred.
Army General Keith Alexander, director of the NSA, said during a conference in
New York on Aug. 8 that “no one has willfully or knowingly disobeyed the law or tried to invade your civil liberties or privacy.”
Senator
Dianne Feinstein,
a California Democrat who heads the Senate Intelligence Committee, and
Republican Representative Mike Rogers of Michigan, chairman of the House
Intelligence Committee, have defended the NSA.
Careful Distinctions
Feinstein
said in an Aug. 16 statement that her committee “has never identified
an instance in which the NSA has intentionally abused its authority to
conduct surveillance for inappropriate purposes.”
Rogers said on
CBS Corp.’s “Face the Nation” television show on July 28 that there were
“zero privacy violations” in the agency’s collection of phone records
of Americans.
The lawmakers’ staffs since have parsed the
comments by their bosses, distinguishing between violations of the law
governing electronic surveillance and the deliberate violations of the
1981 executive order.
Susan Phalen, a spokeswoman for Rogers,
said in an Aug. 16 statement that Rogers meant there hadn’t been
“willful and intentional violations of law.”
Feinstein meant
there hadn’t been any intentional violations of the NSA’s authority
under the Foreign Intelligence Surveillance Act, according to her
office.
Violating FISA
John DeLong, the NSA’s director
of compliance, first referred to abuses of the 1981 executive order on
Aug. 16, telling reporters there had been rare instances of “willful
violations” of legal authority and the privacy rights of U.S. citizens.
He said there had been “a couple over the past decades,” according to a
transcript provided by the agency.
“When they do occur, right,
they are detected, corrected, reported to the inspector general and
appropriate action is taken,” he said.
Intelligence officials
have attributed most abuses of the FISA restrictions on the NSA’s
surveillance of domestic phone calls, e-mails and other communications
to technical or inadvertent errors.
Legal opinions declassified
on Aug. 21 revealed that the NSA intercepted as many as 56,000
electronic communications a year of Americans who weren’t suspected of
having links to terrorism, before a secret court that oversees
surveillance found the operation unconstitutional in 2011.
In a
declassified legal opinion from October 2011, the court said the agency
substantially misrepresented the scope of surveillance operations three
times in less than three years.
A May 2012 internal government
audit found more than 2,700 violations involving NSA surveillance of
Americans and foreigners over a one-year period. The audit was reported
Aug. 16 by the Washington Post, citing documents provided by former NSA
contractor Edward Snowden.
To contact the reporter on this story: Chris Strohm in Washington at
cstrohm1@bloomberg.net
To contact the editor responsible for this story: John Walcott at
jwalcott9@bloomberg.net
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