Revealed: the top secret rules that allow NSA to use US data without a warrant

[Pholus]

165. I should have been more direct. Your "False" is false.

"The title falsely claims the NSA can "use" data inadvertently captured without a court order. That is not what is happening at all. Far from it. "

FALSE.

My original topic was about how "information not relevant to the authorized purpose of the acquisition" -- section 3(a), which despite the high section number describes the PURPOSE of the document -- can be "minimized."

HERE IS WHERE YOU ARE WRONG: Section 5(2) explicitly spells even if the communication "does not contain foreign intelligence information" it *MAY* be forwarded to the appropriate Federal Law enforcement authorities if it shows "evidence of a crime that has been, is being, or is about to be committed."

The NSA can "use" data inadvertently captured for another purpose to aid law enforcement. It is already quite plain from the quoted success rates that FISA warrants are given for a FAR lower level of suspicioun than a real warrant. "American Idol with four Randy Jacksons" and all that.

So that thud was the fourth amendment hitting the wastebin. I would quote the entirety of the 4A to you, but that would just give you grounds to claim I was somehow "crazed."

Also, note the "May" is a big weasel word. They can turn it over, if they feel like it. They are also not responsible if they do not. Wording used to justify mission creep and selective enforcement -- both poisonous and corruptible. No wonder Binney was ready to be a whistleblower!

Given the latitude from our own laws that we give the NSA to pursue foreign communications, there is a REALLY good reason to make them drop evidence of criminal wrongdoing like they did during the cold war. You'd be amazed, but we used to brag about how that wall meant that we could balance security and freedom better than the commies.

But we won that one so the mask could come off I guess...