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Officials Promise Surveillance Privacy Safeguards Unchanged

In response to questions from lawmakers about possible surveillance of Americans, McConnell and Wainstein both stated flatly that the Protect America Act doesn't remove robust "minimization" procedures for handling information collected on U.S. persons in the course of a foreign intelligence information. For instance, names of U.S. persons -- citizens and non-citizens -- collected in the course of a foreign-foreign warrantless surveillance investigation have to be blacked out and removed from reports based on that collected intelligence.

Under questioning from Rep. Steve Cohen (D-TN), however, Wainstein conceded that there are certain situations under which intelligence analysts might disseminate information on U.S. individuals throughout the government -- if it's necessary for the official reviewing the information "to understand the foreign intelligence value" of the intercept, for instance.

Wainstein suggested that's something of a trivial and minor circumstance, but who knows? Cohen referenced a 2006 Newsweek story that said the NSA has improperly turned over10,000 names of U.S. persons acquired through surveillance to other agencies.

McConnell seemed to be a bit irate at the question, scowling that the "issue is protecting the country," and not "incidental" concerns about what happens to U.S. person information collected in the course of a foreign intelligence investigation. However, this was the first time that McConnell and Wainsten elaborated, even a bit, about what minimization procedures exist under the Protect America Act.


18 Comments

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No, McConnell.

Protecting civil liberties *is* the country.

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As someone who live blogged the hearing at dkos what I found most important is the McConnell twice made the point that protecting the country from attack took priority over his sworn oath to Protect the Constitution. If this is true, and his only "duty" is to protect the nation over our Civil Rights, then the Terrorists have already won.

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I wonder if McConnell took the Oath of Office or the Oath to Bush?

For some reason, I don't trust any of these political appointees of Bushkies.

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Wainstein conceded that there are certain situations under which intelligence analysts might disseminate information on U.S. individuals throughout the government -- if it's necessary for the official reviewing the information "to understand the foreign intelligence value" of the intercept, for instance.

"Hey Bob, can you find out if this person is a bad guy or not? I can't tell, but he came up in a dragnet." It's the old "kill 'em all, let God sort them out" mentality.

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One problem, of course... there may be minimization procedures that are being followed at present, but if minimization is not specified by law, there is no guarantee that the 'voluntary rules' will not change.

I share everyone's dismay at McConnell's perception of his duties viz a vie the Constitution, as well as his dismissal of 4th Amendment concerns about the potential for harm to US citizens as 'incidental'. Whereas I had previously accepted the DNI as a professional, I now question if by his own testimony he is worthy of holding such office.

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This is nuts!

For more nuts, check out these raging conservatives on neoneocon.com. Un freakin' believable!

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I am quite sure what I write here is being duly recorded. I am quite sure that every Democrat in the Senate and the House is being wiretapped. I am quite sure there are enough traitors in both houses to let it happen or block any efforts to change the law. We no longer have a government of law but of fascists. What are our soldiers fighting for? More profits for Blackwater?

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In many ways this issue is more important than even the escalation in Iraq. Our
constitution has stood (and I know this sounds corny but I don't give a damn) it has stood as a beacon to the world and of more importance it has stood as to beacon
of hope and justice to the citizens of this country. It is like they (Bush, Cheney, etc)don't care what they do to our country as long as they get their way. Their actions are a direct threat to our well-being as a people and as a nation. And I think in our guts most Americans know this and understand this. It is why Bush can't climb out of the mess he's in, it's why very few listened or cared about what Petraeus said. Because we just don't believe anything they say anymore.

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Why the cut away to the old guy at the end?

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People, people, calm down here... vilification of the enemy is the end of useful discourse... and I am sad to see this discussion going down that road so quickly when it otherwise could offer a useful inroad to actual enlightenment.

Now, I don't actually believe that McConnell is evil, or otherwise wants to tear down the constitution. On the contrary, he believes that he, and his crony Bush, are actually carrying out a central, core component of their responsibility under our constitution, to protect citizens from harm. Remember- its life, liberty, and the pursuit of happiness that we want- and its kind of hard to enjoy liberty, even limited liberty, without life!

Once we discard the easy, intellectually lazy route of vilifying McConnell out of hand, and actually take an honest look at what he was saying and where he is coming from, we can start a useful conversation!

How does one balance the sometimes antithetical responsibilities of a) protecting the nation, and b) protecting the civil liberties of American citizens? This is not just a question for the trees, and we all have to be honest, both those of us on the left and guys like McConnell on the right, that there IS no clear answer.

Surely if the CIA picked up a communication, somehow, that said that John Smith, a US citizen, was in Pakistan picking up a nuke to take back to NY, we would want that CIA agent to be able to tell someone in the US so we can stop Mr. Smith. Right? I mean, we aren't totally suicidal... BUT, and this is a big but, what about John Smith's civil liberties? Do we want the government to be able to spy on us when we are abroad?

Surely the constitution does not address this issue- there weren't a lot of Americans going abroad and potentially hooking up with potential freedom fighters that wanted to harm the US- as such, this is very much a question of our times, and if we are to answer this question like adults, we have to stop vilifying, demeaning, and otherwise acting like children in our dealings with the other side. This country deserves better than that.

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"
I share everyone's dismay at McConnell's perception of his duties viz a vie the Constitution, as well as his dismissal of 4th Amendment concerns about the potential for harm to US citizens as 'incidental'. Whereas I had previously accepted the DNI as a professional, I now question if by his own testimony he is worthy of holding such office.
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Well, people have written about his corporate conflict of interest (protecting AT&T).

Where are the responses to the Congress' subpoenas about the spy program?

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UPDATE II: In comments, sysprog points to this amazing article by Tim Shorrock in Salon from earlier this year, which details McConnell's extensive private sector connections with the very telecommunication companies for which he is now demanding immunity:
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Remember- its life, liberty, and the pursuit of happiness that we want- and its kind of hard to enjoy liberty, even limited liberty, without life!
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Those who would trade freedom for security deserve neither - Benjamin Franklin

It is in vain, sir, to extentuate the matter. Gentlemen may cry, Peace, Peace--but there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death! - Patrick Henry

The US Constitution was written at a dangerous time, btw.

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Actually it was:

"Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety." (emphasis mine)

To leave out the bold words is question-begging as well as a false resort to authority.

The question remains, have we given up "essential liberty" if the government investigates us because our name has come up in a foreign national security wiretap?

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What no bold text here? I'll use ALL-CAPS

Actually it was:

"Those who would give up ESSENTIAL Liberty to purchase a LITTLE TEMPORARY Safety, deserve neither Liberty nor Safety." (emphasis mine)

To leave out the ALL-CAP words is question-begging as well as a false resort to authority.

The question remains, have we given up "essential liberty" if the government investigates us because our name has come up in a foreign national security wiretap?

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I would like to pay a private detective to go through McConnell's trash. I want videotapes if he goes outside in his underwear to get the paper. I want to know what cereal he eats in the morning. I want to know what he watches on cable tv. I want to know if he cheats on his wife. I want to know which stocks he buys and sells. (he's got to have the best inside info) I want to know every aspect of his life.

Anyone willing to help me pay for a private detective?

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"...Wainstein suggested that's something of a trivial and minor circumstance, but who knows?..."

Who knows. You know. The rest of us know. We know that these people are duty bound to protect us from Islamic maniacs, many of whom are already in our midst.

If you want to feed your fellow countrymen to the butchers, move to places like Denmark.

Here, we're hungry to defeat the Islamic murderers and we're willing to tolerate the minimal infringements on our precious rights in order to achieve victory.

If you can't lend a hand, get out of the road.

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Do we want the government to be able to spy on us when we are abroad?

Surely the constitution does not address this issue- there weren't a lot of Americans going abroad and potentially hooking up with potential freedom fighters that wanted to harm the US


Sure the Constitution addresses this. The government is a limited powers government - what the people don't grant to the three branches, they don't have. People from the time of the forming of the nation did travel in Europe - some a great deal. The heart of commerce then was overseas. When US citizens are secure against US gov intrusions, it didn't say - except when Ben Franklin is overseas he can be spied upon.

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Thanks for including the McConnell 9/11 bit.

I don`t remember any case of a 9/11 related US to outside call not being collected for any reason. Of course calls like that used to be the domain of the FBI, which had plenty of evidence to get FISA warrants on some hijackers. But hey, I forget a lot of things. Another personal failure is being annoyingly skeptic, so I have to wonder how someone would know a single call is significant enough to mention in testimony... if it *wasn`t* collected. Perhaps a McConnell spokesperson wants to elaborate on which case this comment refers to.

He should remember that there is also the different 9/11 related example. Remember the one about calls that were collected, on 9/10, (IIRC from Afghan payphones?)... without being translated before 9/12. IIRC the message was that something along the lines that "tomorrow" would be the big day.

Anyway. If the testimony isn`t about laws and the constitution, then perhaps McConnel wants to discuss the hiring of language experts, the management of software development projects, contracting and the speed of obtaining security clearances.

While billions are going into infrastructure upgrades... sometimes without any results, one can still wonder if the NSA translator wanted ads got the desired response.

Any chance the warrantless surveillance revelations had a negative impact on recruitment numbers? I bet hiring nice and thoroughly integrated Arabic speakers gets harder if they think you spy one them for having phone bills full of calls to their mothers half a world away.

Otoh, its the kind of job that pays well, and might help those who fled dictatorships feel right at home in the US...

Anyway, McConnel is creating quite the record:
- FISA effected the German case
except that it did not

- a recent FISC ruling effect collection on Iraqi groups
Only if the NSA/CIA forgot to do a multimillion dollar spying equipment installation contract in Iraq.

- 9/11 was affected by a lack of collection
Yeah well come back when the translator wanted ad`s are gone before messing with emotions and the constitution.

From his accidental informative newspaper interview:
> Now there's a sense that we're doing massive data mining.
> In fact, what we're doing is surgical.
> A telephone number is surgical.

listening in on a telephone number may be surgical, especially if the number is closely linked to only a few users of the associated phone... but how "surgical" is the process of finding the number in the first place? Is there any chance that it involves goin trough *all* phone bill from a telco? Any chance the phone number is only slightly more suspect than "average"?

Also, I know computers enough not to call large scale network analysis of traffic data "data mining". (Who would make such a silly mistake anyway?) So that what I worry about instead of worrying about the legal justification for listening in on calls. I want to know the legal justification accessing call records, and perhaps collecting traffic data! After all, that all that the Hardware on Mark Kleins shopping list could do well.

I was glad to have Hayden do the CIA job. I still think that at the NSA he was the best one can wish for under Cheney/Addington. Now I don`t know whether I would rather have a decent guy in McConnels place instead of at the CIA. Maybe I should prefer to see him go *after* he does some more interviews. And after a couple more on camera mistakes Congress will have someone to blame if they take the time needed to update FISA.

Goss may be an idiot, but because of his incompetence we know some things others would never have talked about.

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