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Edward Snowden A Patriot?

Photo Credit: APBy Trevor Timm

Does President Barack Obama think we’re stupid?

That’s the only conclusion possible after watching Friday’s bravura performance in which the president announced a set of proposals meant to bring more transparency to the National Security Agency — and claimed he would have done it anyway, even if Edward Snowden had never decided to leak thousands of highly sensitive documents to The Guardian’s Glenn Greenwald.

But even as he grudgingly admitted that the timing, at least, of his suggestions was a consequence of Snowden’s actions, the president declared, “I don’t think Mr. Snowden was a patriot.” When you look at what has changed over the past two months, though, it’s hard not to wonder, “What could be more patriotic than what Snowden did?”

First, the results: More than a dozen bills have already been introduced to put a stop to the NSA’s mass phone record collection program and to overhaul the Foreign Intelligence Surveillance Court, which has reinterpreted the Fourth Amendment in secret, creating a body of privacy law that the public has never read. A half-dozen new privacy lawsuits have been filed against the NSA. The Pentagon is undergoing an unprecedented secrecy audit. U.S. officials have been caught deceiving or lying to Congress. The list goes on.

These actions have been accompanied by a sea change in public opinion about surveillance. Poll after poll has shown that for the first time ever, Americans think the government has gone too far in violating their privacy, with vast majorities believing the NSA scooping up a record of every phone call made in the United States invades citizens’ privacy.

Read more from this story HERE.

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McCain: Young Americans admire Snowden, see him as ‘some kind of Jason Bourne’

By Ben Wolfgang.

A deep distrust of government has led young Americans to hold up NSA leaker Edward Snowden as a hero, Sen. John McCain said Sunday.

“There’s a young generation who believes he’s some kind of Jason Bourne,” the Arizona Republican said during on “Fox News Sunday,” referring to the lead character in the Bourne movie trilogy who battled his own government, particularly the CIA.

Mr. Snowden’s revelations — including details of the National Security Agency’s data-collection efforts — have led to a debate on the national security vs. privacy question, and how to balance the two.

President Obama last week laid out a series of proposed reforms to government spying programs in an effort to reassure Americans that their Fourth Amendment rights aren’t being trampled. His proposals include having a privacy advocate argue against the federal government in court, more restrictions on the mass collection of phone records and other steps.

Read more from this story HERE.

Video: Obama’s Pledge to Boost Oversight of NSA Surveillance Draws Scrutiny

Photo Credit: Fox NewsBy Fox News.

President Obama’s pledge to work with Congress on “appropriate reforms” for parts of the National Security Agency’s surveillance programs came under scrutiny Friday from some Republicans and skeptical Democrats.

Surveillance programs that allow the government to collect basic information about phone calls and email communications have been under scrutiny since NSA leaker Edward Snowden revealed classified programs in June. The government has defended these programs as necessary to prevent terror attacks.

Obama on Friday acknowledged the domestic spying has troubled Americans and hurt the country’s image abroad. But he called it a critical counterterrorism tool.

“I am comfortable that the program currently is not being abused,” Obama said. “I am comfortable that if the American people examined exactly what was taking place, how it was being used, what the safeguards were, that they would say, ‘You know what? These folks are following the law.'”

His most significant proposal would create an independent attorney to argue against the government during secret hearings of the Foreign Intelligence Surveillance Court, which reviews requests for surveillance inside the U.S. As it stands now, prosecutors alone can go to the court and make their case unopposed.

Read more from this story HERE.

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NSA Debate a ‘Privileged Discussion’

FBI Can Hack Your Android to Remotely Activate Cell Phone Microphones

Photo Credit: Getty ImagesLaw-enforcement officials in the U.S. are expanding the use of tools routinely used by computer hackers to gather information on suspects, bringing the criminal wiretap into the cyber age.

Federal agencies have largely kept quiet about these capabilities, but court documents and interviews with people involved in the programs provide new details about the hacking tools, including spyware delivered to computers and phones through email or Web links—techniques more commonly associated with attacks by criminals.

People familiar with the Federal Bureau of Investigation’s programs say that the use of hacking tools under court orders has grown as agents seek to keep up with suspects who use new communications technology, including some types of online chat and encryption tools. The use of such communications, which can’t be wiretapped like a phone, is called “going dark” among law enforcement.

A spokeswoman for the FBI declined to comment.

The FBI develops some hacking tools internally and purchases others from the private sector. With such technology, the bureau can remotely activate the microphones in phones running Google Inc.’s GOOG -0.17% Android software to record conversations, one former U.S. official said. It can do the same to microphones in laptops without the user knowing, the person said. Google declined to comment.

Read more from this story HERE.

Video: NSA Collects ‘Word for Word’ Every Domestic Communication, Say Former Analysts

PBS NewsHour’s Judy Woodruff talks to two former National Security Agency analysts about what made them reveal information about the NSA’s surveillance programs.

William Binney and Russell Tice were working for the National Security Agency as analysts when they learned about its wiretapping program — the controversial post-9/11 program in which the NSA collected phone and Internet activity without getting warrants first for the purpose of hunting down terrorists.

They disagreed with the agency’s tactics and the program’s scope.

Read more from this story HERE.

The Public-Private Surveillance Partnership

Photo Credit: Martin ColeBy Bruce Schneier

Imagine the government passed a law requiring all citizens to carry a tracking device. Such a law would immediately be found unconstitutional. Yet we all carry mobile phones.

If the National Security Agency required us to notify it whenever we made a new friend, the nation would rebel. Yet we notify Facebook Inc. (FB) If the Federal Bureau of Investigation demanded copies of all our conversations and correspondence, it would be laughed at. Yet we provide copies of our e-mail to Google Inc. (GOOG), Microsoft Corp. (MSFT) or whoever our mail host is; we provide copies of our text messages to Verizon Communications Inc. (VZ), AT&T Inc. (T) and Sprint Corp. (S); and we provide copies of other conversations to Twitter Inc., Facebook, LinkedIn (LNKD) Corp. or whatever other site is hosting them.

The primary business model of the Internet is built on mass surveillance, and our government’s intelligence-gathering agencies have become addicted to that data. Understanding how we got here is critical to understanding how we undo the damage.

Computers and networks inherently produce data, and our constant interactions with them allow corporations to collect an enormous amount of intensely personal data about us as we go about our daily lives. Sometimes we produce this data inadvertently simply by using our phones, credit cards, computers and other devices. Sometimes we give corporations this data directly on Google, Facebook, Apple Inc.’s iCloud and so on in exchange for whatever free or cheap service we receive from the Internet in return.

The NSA is also in the business of spying on everyone, and it has realized it’s far easier to collect all the data from these corporations rather than from us directly. In some cases, the NSA asks for this data nicely. In other cases, it makes use of subtle threats or overt pressure. If that doesn’t work, it uses tools like national security letters. Read more from this story HERE.

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Photo Credit: Getty ImagesFBI pressures Internet providers to install surveillance software

By Declan McCullagh

The U.S. government is quietly pressuring telecommunications providers to install eavesdropping technology deep inside companies’ internal networks to facilitate surveillance efforts.

FBI officials have been sparring with carriers, a process that has on occasion included threats of contempt of court, in a bid to deploy government-provided software capable of intercepting and analyzing entire communications streams. The FBI’s legal position during these discussions is that the software’s real-time interception of metadata is authorized under the Patriot Act.

Attempts by the FBI to install what it internally refers to as “port reader” software, which have not been previously disclosed, were described to CNET in interviews over the last few weeks. One former government official said the software used to be known internally as the “harvesting program.”

Carriers are “extra-cautious” and are resisting installation of the FBI’s port reader software, an industry participant in the discussions said, in part because of the privacy and security risks of unknown surveillance technology operating on an sensitive internal network.

It’s “an interception device by definition,” said the industry participant, who spoke on condition of anonymity because court proceedings are sealed. “If magistrates knew more, they would approve less.” It’s unclear whether any carriers have installed port readers, and at least one is actively opposing the installation. Read more from this story HERE.

We’re Living ‘1984’ Today (+video)

Photo Credit: jason ilaganIt appears that the police now have a device that can read license plates and check if a car is unregistered, uninsured or stolen. We already know that the National Security Agency can dip into your Facebook page and Google searches. And it seems that almost every store we go into these days wants your home phone number and ZIP code as part of any transaction.

So when Edward Snowden — now cooling his heels in Russia — revealed the extent to which the NSA is spying on Americans, collecting data on phone calls we make, it’s not as if we should have been surprised. We live in a world that George Orwell predicted in “1984.” And that realization has caused sales of the 1949, dystopian novel to spike dramatically upward recently — a 9,000% increase at one point on Amazon.com.

Comparisons between Orwell’s novel about a tightly controlled totalitarian future ruled by the ubiquitous Big Brother and today are, in fact, quite apt. Here are a few of the most obvious ones.

Telescreens — in the novel, nearly all public and private places have large TV screens that broadcast government propaganda, news and approved entertainment. But they are also two-way monitors that spy on citizens’ private lives. Today websites like Facebook track our likes and dislikes, and governments and private individuals hack into our computers and find out what they want to know. Then there are the ever-present surveillance cameras that spy on the average person as they go about their daily routine.

The endless war — In Orwell’s book, there’s a global war that has been going on seemingly forever, and as the book’s hero, Winston Smith, realizes, the enemy keeps changing. One week we’re at war with Eastasia and buddies with Eurasia. The next week, it’s just the opposite. There seems little to distinguish the two adversaries, and they are used primarily to keep the populace of Oceania, where Smith lives, in a constant state of fear, thereby making dissent unthinkable — or punishable. Today we have the so-called war on terror, with no end in sight, a generalized societal fear, suspension of certain civil liberties, and an ill-defined enemy who could be anywhere, and anything.

Read more from this story HERE.

NSA Lies Again: XKeyscore Tool Collects “Everything” an Internet User Does, Substantiates Snowden’s Claims (+video)

XKeyscore: NSA tool collects ‘nearly everything a user does on the internet’

By Glenn Greenwald. A top secret National Security Agency program allows analysts to search with no prior authorization through vast databases containing emails, online chats and the browsing histories of millions of individuals, according to documents provided by whistleblower Edward Snowden.


The NSA boasts in training materials that the program, called XKeyscore, is its “widest-reaching” system for developing intelligence from the internet…

The files shed light on one of Snowden’s most controversial statements, made in his first video interview published by the Guardian on June 10: “I, sitting at my desk,” said Snowden, could “wiretap anyone, from you or your accountant, to a federal judge or even the president, if I had a personal email”.

US officials vehemently denied this specific claim. Mike Rogers, the Republican chairman of the House intelligence committee, said of Snowden’s assertion: “He’s lying. It’s impossible for him to do what he was saying he could do.”

But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed. Read more from this story HERE.

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Photo Credit: Alex Wong/Getty ImagesUS senators rail against intelligence disclosures over NSA practices

By Spencer Ackerman and Paul Lewis. The bipartisan leaders of a powerful Senate committee questioned the truthfulness of the US intelligence community in a heated Wednesday morning hearing as officials conceded that their controversial bulk phone records collection of millions of Americans was not “the most important tool” – contradicting statements they previously gave to Congress.

Two senators said they now planned to introduce new legislation before the August recess that would significantly transform the transparency and oversight of the bulk surveillance program. The chairman of the committee has already advocated for ending the bulk phone records collection and plans his own legislative push to shut it down.

Just before the hearing began, the US director of national intelligence declassified and released documents shedding more light on how the bulk surveillance occurs. Senator Al Franken, a Minnesota Democrat, denounced the move as “ad hoc transparency.”

Patrick Leahy, a Vermont Democrat and chairman of the Senate judiciary committee, said: “We need straightforward answers, and I’m concerned we’re not getting them.”

Leahy, joined by ranking Republican Chuck Grassley of Iowa, criticised director of national intelligence James Clapper for making untruthful statements to Congress in March about the bulk phone records collection on Americans, and NSA director Keith Alexander for overstating the usefulness of that collection for stopping terrorist attacks. Read more from this story HERE.

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Photo Credit: APNSA chief asks a skeptical crowd of hackers to help agency do its job

By Robert O’Harrow Jr. It doesn’t get much stranger than this, even in Vegas.

Gen. Keith B. Alexander, director of the National Security Agency, stood in front of a standing-room-only crowd Wednesday, selling the idea of government surveillance programs.

His audience? More than 3,000 cybersecurity specialists, including some of the world’s best hackers, an unruly community known for its support of civil liberties and skepticism of the government’s three-letter agencies.

Alexander praised the group as one of the brightest collections of technical minds in the world. He asked them to help the NSA fulfill its mission of protecting the country, while also protecting privacy.

“We stand for freedom,” Alexander told the crowd in a vast ballroom at Caesars Palace. “Help us to defend the country and develop a better solution.” Read more from this story HERE.

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Snowden’s Father and Attorney Send Letter Blasting Obama, NSA

President Barack Obama
The White House
1600 Pennsylvania Avenue, N.W.
Washington, D.C. 20500

Re: Civil Disobedience, Edward J. Snowden, and the Constitution

Dear Mr. President:

You are acutely aware that the history of liberty is a history of civil disobedience to unjust laws or practices. As Edmund Burke sermonized, “All that is necessary for the triumph of evil is that good men do nothing.”

Civil disobedience is not the first, but the last option. Henry David Thoreau wrote with profound restraint in Civil Disobedience: “If the injustice is part of the necessary friction of the machine of government, let it go, let it go: perchance it will wear smooth certainly the machine will wear out. If the injustice has a spring, or a pulley, or a rope, or a crank, exclusively for itself, then perhaps you may consider whether the remedy will not be worse than the evil; but if it is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law. Let your life be a counter friction to stop the machine.”

Thoreau’s moral philosophy found expression during the Nuremburg trials in which “following orders” was rejected as a defense. Indeed, military law requires disobedience to clearly illegal orders.

A dark chapter in America’s World War II history would not have been written if the then United States Attorney General had resigned rather than participate in racist concentration camps imprisoning 120,000 Japanese American citizens and resident aliens.

Civil disobedience to the Fugitive Slave Act and Jim Crow laws provoked the end of slavery and the modern civil rights revolution.

We submit that Edward J. Snowden’s disclosures of dragnet surveillance of Americans under § 215 of the Patriot Act, § 702 of the Foreign Intelligence Surveillance Act Amendments, or otherwise were sanctioned by Thoreau’s time-honored moral philosophy and justifications for civil disobedience. Since 2005, Mr. Snowden had been employed by the intelligence community. He found himself complicit in secret, indiscriminate spying on millions of innocent citizens contrary to the spirit if not the letter of the First and Fourth Amendments and the transparency indispensable to self-government. Members of Congress entrusted with oversight remained silent or Delphic. Mr. Snowden confronted a choice between civic duty and passivity. He may have recalled the injunction of Martin Luther King, Jr.: “He who passively accepts evil is as much involved in it as he who helps to perpetrate it.” Mr. Snowden chose duty. Your administration vindictively responded with a criminal complaint alleging violations of the Espionage Act.

From the commencement of your administration, your secrecy of the National Security Agency’s Orwellian surveillance programs had frustrated a national conversation over their legality, necessity, or morality. That secrecy (combined with congressional nonfeasance) provoked Edward’s disclosures, which sparked a national conversation which you have belatedly and cynically embraced. Legislation has been introduced in both the House of Representatives and Senate to curtail or terminate the NSA’s programs, and the American people are being educated to the public policy choices at hand. A commanding majority now voice concerns over the dragnet surveillance of Americans that Edward exposed and you concealed. It seems mystifying to us that you are prosecuting Edward for accomplishing what you have said urgently needed to be done!

The right to be left alone from government snooping–the most cherished right among civilized people—is the cornerstone of liberty. Supreme Court Justice Robert Jackson served as Chief Prosecutor at Nuremburg. He came to learn of the dynamics of the Third Reich that crushed a free society, and which have lessons for the United States today.

Writing in Brinegar v. United States, Justice Jackson elaborated:

The Fourth Amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

These, I protest, are not mere second-class rights but belong in the catalog of indispensable freedoms. Among deprivations of rights, none is so effective in cowing a population, crushing the spirit of the individual and putting terror in every heart. Uncontrolled search and seizure is one of the first and most effective weapons in the arsenal of every arbitrary government. And one need only briefly to have dwelt and worked among a people possessed of many admirable qualities but deprived of these rights to know that the human personality deteriorates and dignity and self-reliance disappear where homes, persons and possessions are subject at any hour to unheralded search and seizure by the police.

We thus find your administration’s zeal to punish Mr. Snowden’s discharge of civic duty to protect democratic processes and to safeguard liberty to be unconscionable and indefensible.

We are also appalled at your administration’s scorn for due process, the rule of law, fairness, and the presumption of innocence as regards Edward.

On June 27, 2013, Mr. Fein wrote a letter to the Attorney General stating that Edward’s father was substantially convinced that he would return to the United States to confront the charges that have been lodged against him if three cornerstones of due process were guaranteed. The letter was not an ultimatum, but an invitation to discuss fair trial imperatives. The Attorney General has sneered at the overture with studied silence.

We thus suspect your administration wishes to avoid a trial because of constitutional doubts about application of the Espionage Act in these circumstances, and obligations to disclose to the public potentially embarrassing classified information under the Classified Information Procedures Act.

Your decision to force down a civilian airliner carrying Bolivian President Eva Morales in hopes of kidnapping Edward also does not inspire confidence that you are committed to providing him a fair trial. Neither does your refusal to remind the American people and prominent Democrats and Republicans in the House and Senate like House Speaker John Boehner, Congresswoman Nancy Pelosi, Congresswoman Michele Bachmann,and Senator Dianne Feinstein that Edward enjoys a presumption of innocence. He should not be convicted before trial. Yet Speaker Boehner has denounced Edward as a “traitor.”

Ms. Pelosi has pontificated that Edward “did violate the law in terms of releasing those documents.” Ms. Bachmann has pronounced that, “This was not the act of a patriot; this was an act of a traitor.” And Ms. Feinstein has decreed that Edward was guilty of “treason,” which is defined in Article III of the Constitution as “levying war” against the United States, “or in adhering to their enemies, giving them aid and comfort.”

You have let those quadruple affronts to due process pass unrebuked, while you have disparaged Edward as a “hacker” to cast aspersion on his motivations and talents. Have you forgotten the Supreme Court’s gospel in Berger v. United States that the interests of the government “in a criminal prosecution is not that it shall win a case, but that justice shall be done?”

We also find reprehensible your administration’s Espionage Act prosecution of Edward for disclosures indistinguishable from those which routinely find their way into the public domain via your high level appointees for partisan political advantage. Classified details of your predator drone protocols, for instance, were shared with the New York Times with impunity to bolster your national security credentials. Justice Jackson observed in Railway Express Agency, Inc. v. New York: “The framers of the Constitution knew, and we should not forget today, that there is no more effective practical guaranty against arbitrary and unreasonable government than to require that the principles of law which officials would impose upon a minority must be imposed generally.”

In light of the circumstances amplified above, we urge you to order the Attorney General to move to dismiss the outstanding criminal complaint against Edward, and to support legislation to remedy the NSA surveillance abuses he revealed. Such presidential directives would mark your finest constitutional and moral hour.

Sincerely,

Bruce Fein
Counsel for Lon Snowden
Lon Snowden

Must See Video: ‘There’s No Way We Can be a Free Country When the Government has a Dossier on Every Citizen’

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Photo Credit: APSenators strongly criticise intelligence chiefs over NSA data collection

By Spencer Ackerman. On the eve of a major US Senate hearing on the National Security Agency’s bulk surveillance, two senators called for major reforms of the NSA’s collection of phone records and accused US intelligence leaders of misleading the public about its impact on privacy.

A letter sent by the director of national intelligence, James Clapper, to Ron Wyden, a Democratic senator for Oregon, on Friday said that there had been “a number of compliance problems” with the NSA’s bulk, ongoing collection of millions of Americans’ phone records, but “no findings of any intentional or bad-faith violations”.

On the Senate floor late on Tuesday afternoon, Wyden, a member of the Senate intelligence committee, all but accused Clapper of lying.

Citing classified documents that he did not specify, but referring to “violations of court orders”, Wyden said that “these violations are more serious than those stated by the intelligence community, and are troubling”. Wyden urged senators to read classified intelligence documents about the bulk surveillance for themselves.

“Any policymaker who simply defers to intelligence officials without asking to see their evidence is making a mistake,” Wyden warned. Read more from this story HERE.

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Effort to get NSA leaker Edward Snowden’s father to Moscow collapses

By Jerry Markon. The FBI tried to enlist the father of National Security Agency leaker Edward Snowden to fly to Moscow to try to persuade his son to return to the United States, but the effort collapsed when agents could not establish a way for the two to speak once he arrived, Snowden’s father said Tuesday.

“I said, ‘I want to be able to speak with my son. . . . Can you set up communications?’ And it was, ‘Well, we’re not sure,’ ” Lon Snowden told The Washington Post. “I said, ‘Wait a minute, folks, I’m not going to sit on the tarmac to be an emotional tool for you.’ ”

In a wide-ranging interview, the elder Snowden offered a vehement defense of the young man some have labeled a traitor. He said that Edward, who is holed up at an airport in Moscow, grew up in a patriotic family in suburban Maryland, filled with federal agents and police officers, and that he “loves this nation.’’

Asked what triggered his son’s decision to leak top-secret intelligence documents, Snowden, a retired Coast Guard officer, said he didn’t know. Although Edward had seemed troubled in April during their final dinner together, he said his son had recently put up a “firewall between himself and his family.”

“We had no idea what was coming,’’ he said. Read more from this story HERE.

Federal Court of Appeals: Warrantless Cell Phone Tracking OK

Photo Credit: Wang Zhao/Agence France-Presse – Getty Images
In a significant victory for law enforcement, a federal appeals court on Tuesday said that government authorities could extract historical location data directly from telecommunications carriers without a search warrant.

The closely watched case, in the United States Court of Appeals for the Fifth Circuit, is the first ruling that squarely addresses the constitutionality of warrantless searches of historical location data stored by cellphone service providers. Ruling 2 to 1, the court said a warrantless search was “not per se unconstitutional” because location data was “clearly a business record” and therefore not protected by the Fourth Amendment.

The ruling is likely to intensify legislative efforts, already bubbling in Congress and in the states, to consider measures to require warrants based on probable cause to obtain cellphone location data.

The appeals court ruling sharply contrasts with a New Jersey State Supreme Court opinion in mid-July that said the police required a warrant to track a suspect’s whereabouts in real time. That decision relied on the New Jersey Constitution, whereas the ruling Tuesday in the Fifth Circuit was made on the basis of the federal Constitution.

The Supreme Court has yet to weigh in on whether cellphone location data is protected by the Constitution. The case, which was initially brought in Texas, is not expected to go to the Supreme Court because it is “ex parte,” or filed by only one party — in this case, the government.

Read more from this story HERE.

Another Shocking Revelation of NSA Snooping: Powerful Tool Exists to Give Low-Level Analysts Immediate Access to all Your Email, Phone Calls (+video)

Photo Credit: ABCToday on “This Week,” Glenn Greenwald – the reporter who broke the story about the National Security Agency’s surveillance programs – claimed that those NSA programs allowed even low-level analysts to search the private emails and phone calls of Americans.

“The NSA has trillions of telephone calls and emails in their databases that they’ve collected over the last several years,” Greenwald told ABC News’ George Stephanopoulos. “And what these programs are, are very simple screens, like the ones that supermarket clerks or shipping and receiving clerks use, where all an analyst has to do is enter an email address or an IP address, and it does two things. It searches that database and lets them listen to the calls or read the emails of everything that the NSA has stored, or look at the browsing histories or Google search terms that you’ve entered, and it also alerts them to any further activity that people connected to that email address or that IP address do in the future.”

Greenwald explained that while there are “legal constraints” on surveillance that require approval by the FISA court, these programs still allow analysts to search through data with little court approval or supervision.

“There are legal constraints for how you can spy on Americans,” Greenwald said. “You can’t target them without going to the FISA court. But these systems allow analysts to listen to whatever emails they want, whatever telephone calls, browsing histories, Microsoft Word documents.”

“And it’s all done with no need to go to a court, with no need to even get supervisor approval on the part of the analyst,” he added.

Read more from this story HERE.