NSA headquarters in Fort Meade, Maryland. Image: Courtesy NSA
The U.S. House of Representatives has passed a bill that would end the NSAs mass collection of Americans phone records. Unfortunately, it may not end the NSAs mass collection of Americans phone records.
The House voted 303 to 121 Thursday in favor of the USA Freedom Act, broad legislation aimed at reforming the NSAs surveillance powers exposed by Edward Snowden. The central provision of the bill, which now moves on to debate in the Senate, is intended to limit what the intelligence community calls bulk collectionthe indiscriminate vacuuming up of citizens phone and internet records. But privacy advocates and civil libertarians say last-minute changes to the legislation supported by the White House added ambiguous language that could essentially give the NSA a generous loophole through which it can continue its massive domestic data collection.
In the Houses final version of the bill, the NSA would be stripped of the power to collect all Americans phone records for metadata analysis, a practice revealed in the firstGuardian story about Snowdens leaks published last year. It instead would be required to limit its collection to specific terms. The problem is that those terms may not be nearly specific enough, and could still include massive lists of target phone numbers or entire ranges of IP addresses.
The core problem is that this only ends bulk collection in the sense the intelligence community uses that term, says Julian Sanchez, a researcher at the Cato Institute. As long as theres some kind of target, they dont call that bulk collection, even if youre still collecting millions of recordsIf they say give us the record of everyone who visited these thousand websites, thats not bulk collection, because they have a list of targets.
To any normal person, he adds, thats still pretty bulky.
Specifically, the House changed the definition of a search term from a term used to uniquely describe a person, entity, or account to a discrete term, such as a term specifically identifying a person, entity, account, address, or device. That shift, particularly the removal of the word unique and addition of such as, might be enough to enable nearly the same sort of mass surveillance the NSA now conducts, according to a statement from the New America Foundations Open Technology Institute.
Taken together, the Institute wrote, the changes to this definition may still allow for massive collection of millions of Americans private information based on very broad selection terms such as a zip code, an area code, the physical address of a particular email provider or financial institution, or the IP address of a web hosting service that hosts thousands of web sites.
Of course, how those specific terms are defined in practice will be decided by the Foreign Intelligence Surveillance Court, which must approve NSA requests for data collection under the 214 and 215 provisions of the Foreign Intelligence Surveillance Act. But after a year of revelations that have showed how the NSA uses word games to expand its legal powers, Kevin Bankston of the the Open Technology Institute says the court cant be fully trusted to interpret the law strictly. The danger is that its ambiguous, and if the FISA court and the NSA has showed us anything, its that any ambiguity in these laws is dangerous, Bankston says.
In fact, the watered-down version of the Freedom Act passed by the House also weakens early provisions that would have provided more resistance against the NSA in its FISA arguments, Sanchez says. The earlier version of the bill would have established a public advocate to argue against the NSA in FISA proceedings; the current bill has only a weaker amicus option, something closer to an outside adviser to the court.
Continue reading here:
NSA Reform Bill Passes the HouseWith a Gaping Loophole
- NSA fears quantum computing surprise: 'If this black swan event happens, then we're really screwed' - Washington Times - March 27th, 2024 [March 27th, 2024]
- The NSA Warns That US Adversaries Free to Mine Private Data May Have an AI Edge - WIRED - March 27th, 2024 [March 27th, 2024]
- Five ways to implement zero-trust based on NSA's latest guidance - SC Media - March 27th, 2024 [March 27th, 2024]
- Intel analyst shared classified information on Discord, investigators say - The Washington Post - March 27th, 2024 [March 27th, 2024]
- Water Systems Vulnerable To Cyber Attacks, NSA And EPA Warn Governors - Forbes - March 27th, 2024 [March 27th, 2024]
- Amritpal Singhs mother, kin of other NSA detainees go on hunger strike, want them to be shifted to Punjab jail - The Tribune India - February 24th, 2024 [February 24th, 2024]
- Rob Joyce leaving NSA at the end of March - CyberScoop - February 24th, 2024 [February 24th, 2024]
- NSA cyber director to step down after 34 years of service - Nextgov/FCW - February 24th, 2024 [February 24th, 2024]
- Behind Khattar govts U-turn on NSA against farm leaders, fear of rural blowback, Congress gain - The Indian Express - February 24th, 2024 [February 24th, 2024]
- Payday dispute prompts maintenance worker walkout at NSA Naples - Stars and Stripes - February 24th, 2024 [February 24th, 2024]
- CISA, NSA, and FBI Warn of Chinese Cyber Hacking Army The Presidential Prayer Team - The Presidential Prayer Team - February 24th, 2024 [February 24th, 2024]
- Cyber Security Headlines: Microsoft takes another hit, Energy giant hit by ransomware, the NSA is secretly buying your ... - CISO Series - January 30th, 2024 [January 30th, 2024]
- India now cooperating with Nijjar probe: Canada's NSA - IndiaTimes - January 30th, 2024 [January 30th, 2024]
- Google, WhiteSnake, Outlook, NSA, Juniper, Jason Wood, and More SWN #358 - SC Media - January 30th, 2024 [January 30th, 2024]
- Readout of NSA Jake Sullivan's Meetings with PM Srettha and DPM/FM Parnpree - US Embassy in Thailand - USEmbassy.gov - January 30th, 2024 [January 30th, 2024]
- NSA Admits Secretly Buying Your Internet Browsing Data without Warrants - The Hacker News - January 30th, 2024 [January 30th, 2024]
- Readout of NSA Jake Sullivan's Meeting with CCP Politburo Member, Director of the Office of the Foreign Affairs ... - US Embassy & Consulates in... - January 30th, 2024 [January 30th, 2024]
- Former NSA Saint has a chance to become repeat Super Bowl champion - The Suffolk News-Herald - Suffolk News-Herald - January 30th, 2024 [January 30th, 2024]
- NSA is buying Americans internet browsing records without a warrant - TechCrunch - January 30th, 2024 [January 30th, 2024]
- As NSA buys up Americans' browser records, Uncle Sam is asked to simply knock it off - The Register - January 30th, 2024 [January 30th, 2024]
- NSA buys sensitive data on Americans without any court order - KJZZ - January 30th, 2024 [January 30th, 2024]
- NSA Veteran Teresa Shea Joins Board of Directors of Two Six Technologies - ExecutiveBiz - January 30th, 2024 [January 30th, 2024]
- How the FBI, NSA are preparing for deepfakes and misinformation issue ahead of 2024 elections - CNBC - January 14th, 2024 [January 14th, 2024]
- AI is helping US spies catch stealthy Chinese hacking ops, NSA official says - CyberScoop - January 14th, 2024 [January 14th, 2024]
- AI aids nation-state hackers but also helps US spies to find them, says NSA cyber director - TechCrunch - January 14th, 2024 [January 14th, 2024]
- NSA Director Paul Nakasone to Step Down in Early February - Bloomberg - January 14th, 2024 [January 14th, 2024]
- NSA says cybersecurity will gain many benefits with generative AI - ReadWrite - January 14th, 2024 [January 14th, 2024]
- FBI and NSA directors discuss their concerns about AI - WCBE 90.5 FM - January 14th, 2024 [January 14th, 2024]
- Looking back at 2023 with the NSA's Rob Joyce and Morgan Adamski - CyberScoop - January 14th, 2024 [January 14th, 2024]
- NSA: Benefits of generative AI in cyber security will outweigh the bad - ITPro - January 14th, 2024 [January 14th, 2024]
- AI Identified as Emerging Threat in Cyber Crime by NSA Director - CoinGape - January 14th, 2024 [January 14th, 2024]
- AI is helping China-backed hackers but it's also helping to hunt them down, NSA says - TechRadar - January 14th, 2024 [January 14th, 2024]
- Top 10 misconfigurations: An NSA checklist for CISOs - The Stack - October 20th, 2023 [October 20th, 2023]
- CISA and NSA Issues New Identity and Access Management Guidance for Vendors - TechRepublic - October 20th, 2023 [October 20th, 2023]
- How to Protect Against Evolving Phishing Attacks - National Security Agency - October 20th, 2023 [October 20th, 2023]
- NSA Shares Recommendations to Advance Device Security Within ... - National Security Agency - October 20th, 2023 [October 20th, 2023]
- Nansemond-Suffolk tennis falls to Norfolk Academy Thursday - The ... - Suffolk News-Herald - October 20th, 2023 [October 20th, 2023]
- NSA calls for a 'root and branch' review of Red Tractor - Farmers Guardian - October 20th, 2023 [October 20th, 2023]
- Israel's NSA warns of US intervention as Gaza conflict escalates - IndiaTimes - October 20th, 2023 [October 20th, 2023]
- The U.S. government is still in its Tumblr era. - Slate - October 20th, 2023 [October 20th, 2023]
- Biden's Cyber Command and NSA nominee seen as a pick for continuity - The Record from Recorded Future News - July 17th, 2023 [July 17th, 2023]
- 5 Reasons to Work for the NSA - ClearanceJobs - ClearanceJobs - July 17th, 2023 [July 17th, 2023]
- I will do my best as NSA: Ribadu promises - FRCN HQ - Federal Radio Corporation of Nigeria - July 17th, 2023 [July 17th, 2023]
- Plateau killings: Reps ask NSA to declare national emergency - TheCable - July 17th, 2023 [July 17th, 2023]
- 7th Deputy NSA Meeting of Colombo Security Conclave held in ... - ANI News - July 17th, 2023 [July 17th, 2023]
- Young shepherd from region wins NSA North Sheep trophy ... - Darlington and Stockton Times - July 17th, 2023 [July 17th, 2023]
- HBO film based on NSA leaker Reality Winner slated for May 29 ... - Military Times - May 18th, 2023 [May 18th, 2023]
- Tina Satter on why her NSA whistleblower film Reality is stranger than fiction - Financial Times - May 18th, 2023 [May 18th, 2023]
- Gen. Paul Nakasone Plans to Step Down as NSA Director ... - Executive Gov - May 18th, 2023 [May 18th, 2023]
- Readout of NSA Jake Sullivan's Meeting with CCP Politburo ... - US Embassy & Consulates in China - May 18th, 2023 [May 18th, 2023]
- Young sheep farmers to be given genetic boost by new NSA giveaway - The Scottish Farmer - May 18th, 2023 [May 18th, 2023]
- Sydney Sweeney wanted to be challenged by Reality: Its a different muscle playing someone who is real [Exclusive Video Interview] - Yahoo... - May 18th, 2023 [May 18th, 2023]
- Intercepted: The Biggest Whodunnit of the Century - The Intercept - May 18th, 2023 [May 18th, 2023]
- Personal injury + the No Surprises Act - Chiropractic Economics - May 18th, 2023 [May 18th, 2023]
- PM Narendra Modi e-inaugurating new office complexes of CBI at Shilong, Pune and Nagpur, commemorating the CBI diamond jubilee on Monday. Also seen... - April 4th, 2023 [April 4th, 2023]
- Special Collection Service - Wikipedia - March 31st, 2023 [March 31st, 2023]
- What is the NSA and how does it work? - SearchSecurity - February 5th, 2023 [February 5th, 2023]
- Watch: NSA Ajit Doval is Ambitious, Very Good at Sniffing Power and Being on the Right Side of itAS Dulat - The Wire - December 21st, 2022 [December 21st, 2022]
- Shockwaves win another championship, this time at the NSA Fresno Pilgrimfest - Lompoc Record - December 12th, 2022 [December 12th, 2022]
- EFCC secures forfeiture of N755m, luxury assets from ex-AGF, former aide to NSA The Nation Newspaper - The Nation Newspaper - November 23rd, 2022 [November 23rd, 2022]
- What is the National Security Agency? - Norwich University - October 25th, 2022 [October 25th, 2022]
- Cyber Security Today, Oct. 19, 2022 A warning from the NSA about nation-state attacks, and more - IT World Canada - October 21st, 2022 [October 21st, 2022]
- In the Alphabet Soup of Regulations, the NSA, GFE and AEOB Have Yet to Coalesce - RACmonitor - October 6th, 2022 [October 6th, 2022]
- Do not ignore any communication shared by NSCS, NSA: PM Modi to ministers - The Hindu - October 6th, 2022 [October 6th, 2022]
- NSA Announces Date of the National Cryptologic Museum Grand Opening - National Security Agency - October 2nd, 2022 [October 2nd, 2022]
- NSA and ACLU may face off in the Supreme Court over Wikipedia - Grid - October 2nd, 2022 [October 2nd, 2022]
- The NSA is Here to Help | Decipher - Duo Security - September 27th, 2022 [September 27th, 2022]
- Hollen, Raskin Join with NSA Bethesda Fire Fighters, IAFF Leaders to Highlight Progress on Efforts to Improve Base Conditions, Build New Facility |... - September 27th, 2022 [September 27th, 2022]
- CISA, FBI, NSA, Treasury, Cyber Command, and International Partners Release Advisory on Malicious Cyber Actors Affiliated with Iranian Government... - September 20th, 2022 [September 20th, 2022]
- NATFORCE: Buhari Finally Disbands Security Outfit After Senate Ignored NSA To Recognize Body The Whistler Newspaper - The Whistler Nigeria - September 20th, 2022 [September 20th, 2022]
- China Accuses NSA of Hacking Its Military Research University - VICE - September 9th, 2022 [September 9th, 2022]
- Behind the Toque: An Interview with NSA Noodle Bar Executive Chef Brooke Apfelbaum - greenpointers.com - September 9th, 2022 [September 9th, 2022]
- In the Garden: Tour gives Omahans a chance to see how a 'Bloom Box' works - Omaha World-Herald - September 9th, 2022 [September 9th, 2022]
- Three area teams pickup wins to start football season - The Suffolk News-Herald - Suffolk News-Herald - September 9th, 2022 [September 9th, 2022]
- NSA to reveal identities of big men behind oil theft in Nigeria Presidency - Daily Post Nigeria - August 22nd, 2022 [August 22nd, 2022]
- Former US Cyber Command and NSA chief makes the case for a cyber competition strategy | The Strategist - The Strategist - August 22nd, 2022 [August 22nd, 2022]
- Inaugural India-Central Asia NSA meeting to be held in December - WION - August 22nd, 2022 [August 22nd, 2022]
- Home | Open Source @ NSA - August 8th, 2022 [August 8th, 2022]
- Kennesaw State named top institution for cybersecurity outreach - Kennesaw State University - August 8th, 2022 [August 8th, 2022]
- US city of Boston to mark 75th anniversary of India's Independence with two-day extravaganza - NewsDrum - August 8th, 2022 [August 8th, 2022]