If NSA Commits Database Query Violations, But Nobody Audits Them, Do They Really Happen?

[nashville_brook]

by Marcy Wheeler...

http://www.emptywheel.net/2013/08/20/if-nsa-commits-database-query-violations-but-nobody-audits-them-do-they-really-happen/

If NSA Commits Database Query Violations, But Nobody Audits Them, Do They Really Happen?

Link to video -->>
http://www.washingtonpost.com/posttv/video/onbackground/barton-gellman-nsa-a-flawed-organization/2013/08/19/4cc05b2c-08f1-11e3-9941-6711ed662e71_video.html


Barton Gellman, at the beginning of the worthwhile video above, addresses something I addressed here: the only way the government can claim they haven’t “abused” the rules governing NSA activities is by treating all abuse done in the name of the mission as a mistake.

The President, like a lot of people who work for him, has a very narrow definition of two key words in that passage. One is “abuse” and the other is “inappropriately.” As the government depicts it — and this is language it’s using that it does not, frankly, explain.

Abuse — the only kind of abuse that exists would be if, say, an NSA employee were to stalk his ex-wife or spy on movie stars or something of that nature. If they are performing the mission that the NSA wants them to perform, and nevertheless overstep their legal authority, make unauthorized interceptions or searches or retentions or sharing of secret information, that is not abuse, that’s a mistake.

That’s how they get to pretend the 9% to 20% of violations in which a person does not follow the rules seemingly intentionally (these are distinct from human error and training violations) does not constitute an abuse.



- See more at: http://www.emptywheel.net/2013/08/20/if-nsa-commits-database-query-violations-but-nobody-audits-them-do-they-really-happen/#sthash.NhHvobQA.dpuf

[backscatter712]

1. That's the wink-and-nod approach to putting a fig leaf on illegal shit.

1. Make a rule, say a rule against spying against Americans, or querying NSA databases to snoop on US citizens.

2. Put in absolutely no enforcement mechanisms. No penalties for violations, no computerized access control telling staff "Access denied", no heat from management for breaking the Rule.

3. Watch as rule is completely ignored, while the Serious People in Congress say there's a Rule that keeps violations from happening.

[nashville_brook]

3. DC runs on this kind of bullpucky. mandate audits. don't fund audits. problem solved.

[railsback]

2. If someone tells me the NSA is spying on me

yet can only provide 'evidence' that they have the capability to spy on me if they wanted, does that mean they're spying on me?