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alp227

(32,020 posts)
Thu Sep 3, 2020, 01:10 AM Sep 2020

U.S. court: Mass surveillance program exposed by Snowden was illegal

Source: Reuters

Seven years after former National Security Agency contractor Edward Snowden blew the whistle on the mass surveillance of Americans’ telephone records, an appeals court has found the program was unlawful - and that the U.S. intelligence leaders who publicly defended it were not telling the truth.

In a ruling handed down on Wednesday, the U.S. Court of Appeals for the Ninth Circuit said the warrantless telephone dragnet that secretly collected millions of Americans’ telephone records violated the Foreign Intelligence Surveillance Act and may well have been unconstitutional.

Snowden, who fled to Russia in the aftermath of the 2013 disclosures and still faces U.S. espionage charges, said on Twitter that the ruling was a vindication of his decision to go public with evidence of the National Security Agency’s domestic eavesdropping operation.

Read more: https://www.reuters.com/article/us-usa-nsa-spying/u-s-court-mass-surveillance-program-exposed-by-snowden-was-illegal-idUSKBN25T3CK

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U.S. court: Mass surveillance program exposed by Snowden was illegal (Original Post) alp227 Sep 2020 OP
Wow, this is a pretty big decision Polybius Sep 2020 #1
The people responsible for it are arrested?... PoliticAverse Sep 2020 #2
Right decision for the right reason or right decision designed to protect Republican politicians cstanleytech Sep 2020 #3
when did this unconstitutional dweller Sep 2020 #4
The practice of mass surveillance in the United States dates back to World War I wartime monitoring. elleng Sep 2020 #5
I remember it as a Bush administration thing. Stopped in 2007 I think. betsuni Sep 2020 #7
started in 2007 by Bush dweller Sep 2020 #8
Ah, thanks. Must have been thinking of something else. betsuni Sep 2020 #9
So let me get this straight: Snowden told the truth??? Just imagine what we'll find out next? Ford_Prefect Sep 2020 #6
If he wasn't a traitor he would have taken the info he stole and brought it pnwmom Sep 2020 #10
... and then get a death sentence through due process, as Mike Pompeo wants? TomVilmer Sep 2020 #13
Death? No, I would not support that however I would support cstanleytech Sep 2020 #15
I would support taking Limbaugh's Medal of Freedom and giving it to Snowden. 3Hotdogs Sep 2020 #18
Snowden said he would return for a FAIR trial... TomVilmer Sep 2020 #20
There is a difference between reprisals though and criminal charges and the law would have probably cstanleytech Sep 2020 #23
Since you did not read my link... TomVilmer Sep 2020 #25
The judges ruling put a halt to that though. I was surprised that judge did not sanction cstanleytech Sep 2020 #27
From ProPublica .... June 2013 UpInArms Sep 2020 #11
They can search for terrorists in the populace, but don't screen unsuitable candidates for office bucolic_frolic Sep 2020 #12
Kick burrowowl Sep 2020 #14
SMH padah513 Sep 2020 #16
Daniel Ellsberg? 3Hotdogs Sep 2020 #19
who did you mean Snoopy 7 Sep 2020 #21
He thought Russia/China were better than the U.S. betsuni Sep 2020 #17
He exposed the surveillance via the Guardian, Washington Post and New York Times muriel_volestrangler Sep 2020 #22
He would have probably been ok had he followed the law and reported it to the inspector general as cstanleytech Sep 2020 #24
His passport was canceled mid-flight RandomHall Sep 2020 #26

cstanleytech

(26,291 posts)
3. Right decision for the right reason or right decision designed to protect Republican politicians
Thu Sep 3, 2020, 01:22 AM
Sep 2020

compromised by varies foreign powers like Russia and China for example?

Ford_Prefect

(7,895 posts)
6. So let me get this straight: Snowden told the truth??? Just imagine what we'll find out next?
Thu Sep 3, 2020, 01:54 AM
Sep 2020

Now what else do you suppose might we find under that same rock in Fort Meade? Hmmmmm...

What other interesting phone calls might they know something about?

pnwmom

(108,977 posts)
10. If he wasn't a traitor he would have taken the info he stole and brought it
Thu Sep 3, 2020, 03:09 AM
Sep 2020

to a trusted member of Congress, like Bernie Sanders. Instead, he ferried it through China and then on to Russia.

TomVilmer

(1,832 posts)
13. ... and then get a death sentence through due process, as Mike Pompeo wants?
Thu Sep 3, 2020, 07:40 AM
Sep 2020

This is from a review of the book: "Edward Snowden, the Man and the Theft" by Edward Jay Epstein.

... In some ways, Snowden’s disclosures of NSA surveillance, including a warrant issued under the Federal Intelligence Surveillance Act ordering Verizon to turn over all its billing records for 90 days to the NSA, and details of an Internet-monitoring program code-named PRISM, were beneficial. As Epstein writes, the disclosures “accomplished a salutary service in alerting both the public and government to the potential danger of a surveillance leviathan” and “revealed a bureaucratic mission creep that badly needed to be brought under closer oversight by Congress.”

What Snowden exposed, however, wasn’t a rogue operation. It was a series of programs authorized by presidents of both parties and Congress, and approved by no fewer than 15 federal judges. Epstein cites the current NSA director, Adm. Mike Rogers, and numerous others, including former NSA directors Mike McConnell, Michael Hayden and Keith Alexander, and former CIA acting director Michael Morell, laying out the crippling effects of Snowden’s revelations: “lost capability,” “impact on our ability to do our mission for the next twenty to thirty years,” “sources dried up; tactics were changed.” Sen. Dianne Feinstein (D-Calif.), chairman of the Senate Intelligence Committee, concluded, “I think it’s an act of treason.” ...


And yes, it is some of the above an U.S. court now has deemed illegal - and thereby worth exposing.

TomVilmer

(1,832 posts)
20. Snowden said he would return for a FAIR trial...
Thu Sep 3, 2020, 09:00 AM
Sep 2020

... but your suggestion seems not to work:

A 1998 law focused on intelligence community workers does lay out a pathway Snowden could have followed. However, legal experts including an Army inspector general have said that the 1998 law does not protect whistleblowers from reprisals.


cstanleytech

(26,291 posts)
23. There is a difference between reprisals though and criminal charges and the law would have probably
Thu Sep 3, 2020, 04:11 PM
Sep 2020

protected him from criminal charges though he would have probably been unable to get a job in alot of the tech sector.

TomVilmer

(1,832 posts)
25. Since you did not read my link...
Thu Sep 3, 2020, 04:57 PM
Sep 2020

... I can tell you it described a similar example, where the law gave NO protection from criminal charges:

In 2010, NSA staffer Thomas Drake tried to use proper channels to report allegations of improper contracting but wound up the target of an investigation. Drake followed the Intelligence Community Whistleblower law to a ‘T’". He went to the Department of Defense inspector general and both congressional intelligence committees and it did not protect him from retaliation. In fact, it made him the target of an investigation.

Federal agents went after Drake in pursuit of a separate matter and charged him with multiple felonies. When it became clear that whatever Drake had shared with the press was either not classified or already in the public domain, the government’s felony case collapsed. A federal judge said it was "unconscionable" that Drake and his family had endured "four years of hell."

cstanleytech

(26,291 posts)
27. The judges ruling put a halt to that though. I was surprised that judge did not sanction
Thu Sep 3, 2020, 05:15 PM
Sep 2020

the prosecutors over that case as they deserved it and more.

UpInArms

(51,282 posts)
11. From ProPublica .... June 2013
Thu Sep 3, 2020, 04:54 AM
Sep 2020
FAQ: What You Need to Know About the NSA's Surveillance Programs

This story was originally published on June 27, 2013.

There have been a lot of news stories about NSA surveillance programs following the leaks of secret documents by Edward Snowden. But it seems the more we read, the less clear things are. We've put together a detailed snapshot of what's known and what's been reported where.

What information does the NSA collect and how?

We don’t know all of the different types of information the NSA collects, but several secret collection programs have been revealed:

A record of most calls made in the U.S., including the telephone number of the phones making and receiving the call, and how long the call lasted. This information is known as “metadata” and doesn’t include a recording of the actual call (but see below). This program was revealed through a leaked secret court order instructing Verizon to turn over all such information on a daily basis. Other phone companies, including AT&T and Sprint, also reportedly give their records to the NSA on a continual basis. All together, this is several billion calls per day.

Email, Facebook posts and instant messages for an unknown number of people, via PRISM, which involves the cooperation of at least nine different technology companies. Google, Facebook, Yahoo and others have denied that the NSA has “direct access” to their servers, saying they only release user information in response to a court order. Facebook has revealed that, in the last six months of 2012, they handed over the private data of between 18,000 and 19,000 users to law enforcement of all types -- including local police and federal agencies, such as the FBI, Federal Marshals and the NSA.

Massive amounts of raw Internet traffic The NSA intercepts huge amounts of raw data, and stores billions of communication records per day in its databases. Using the NSA’s XKEYSCORE software, analysts can see “nearly everything a user does on the Internet” including emails, social media posts, web sites you visit, addresses typed into Google Maps, files sent, and more. Currently the NSA is only authorized to intercept Internet communications with at least one end outside the U.S., though the domestic collection program used to be broader. But because there is no fully reliable automatic way to separate domestic from international communications, this program also captures some amount of U.S. citizens’ purely domestic Internet activity, such as emails, social media posts, instant messages, the sites you visit and online purchases you make.

The contents of an unknown number of phone calls There have been severalreports that the NSA records the audio contents of some phone calls and a leaked document confirms this. This reportedly happens “on a much smaller scale” than the programs above, after analysts select specific people as “targets.” Calls to or from U.S. phone numbers can be recorded, as long as the other end is outside the U.S. or one of the callers is involved in "international terrorism". There does not seem to be any public information about the collection of text messages, which would be much more practical to collect in bulk because of their smaller size.

The NSA has been prohibited from recording domestic communications since the passage of the Foreign Intelligence Surveillance Act but at least two of these programs -- phone records collection and Internet cable taps -- involve huge volumes of Americans’ data.


The entire article is a “must read”

padah513

(2,502 posts)
16. SMH
Thu Sep 3, 2020, 08:13 AM
Sep 2020

Some here think this vindicates Snowden and justifies his actions, but long story short, he took secrets from America and parked them in Russia. How the freak do you justify that? Sounds like the workings of an agent to me. Traitor

"When someone shows you who they are, believe them the first time." Maya Angelou

muriel_volestrangler

(101,311 posts)
22. He exposed the surveillance via the Guardian, Washington Post and New York Times
Thu Sep 3, 2020, 04:09 PM
Sep 2020

all western media. Then the USA tried to arrest him, so he went where he wouldn't be arrested, and could get to. Which ended up being Russia.

cstanleytech

(26,291 posts)
24. He would have probably been ok had he followed the law and reported it to the inspector general as
Thu Sep 3, 2020, 04:12 PM
Sep 2020

well as members of congress.
It was the skipping all of that and taking it to the press not to mention who knows what he gave to China and Russia that has landed him in hot water that could lead to prison time.

RandomHall

(13 posts)
26. His passport was canceled mid-flight
Thu Sep 3, 2020, 05:03 PM
Sep 2020

The US government canceled Snowden's passport while he was in the air.
This is highly unusual and almost the equivalent of having one stripped of one's citizenship. (He had not been tried and convicted of any crimes at the time.)
I believe he was trying to get to a South American nation, but literally got stuck in a Moscow airport, trying to change planes.

Russia offered him temporary asylum; what would you have done? The US Secretary of State and members of Congress were suggesting the death penalty if he returned to the US.

Ed Snowden claims that he gave all his files to the press, and not to any foreign governments. (And all the document files were stored in cloud servers, not on his person, nor on any laptop computer or smartphone device in his possession.)

Also note that the documents described US surveillance programs; some documents were federal government PowerPoint presentations. There was *no* actual personal information/data included. And no US undercover agents (spies) had their lives endangered.

So perhaps he does deserve our understanding, and some appreciation for sacrificing a nice middle class lifestyle in his home country.
Whether he ever has the charges dropped or receives a full pardon is unlikely.

As for the Medal of Freedom, well, what is that worth, now that Rush Limbaugh has received one?

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