The New York Times reported on Saturday that the National Security Agency,
the main U.S. government surveillance organization, had since 2010 used data it
gathered to map some Americans' "social connections that can identify their
associates, their locations at certain times, their traveling companions and
other personal information."
In the latest revelation of the activities of the NSA, which have prompted
concern about previously unknown intrusion into Americans' privacy in the name
of protecting against terrorist and other foreign attacks, the newspaper quoted
documents provided by Edward Snowden, the former NSA contractor who fled to
Russia earlier this year.
It said the documents showed that "the spy agency began allowing the
analysis of phone call and email logs in November 2010 to examine Americans'
networks of associations for foreign intelligence purposes after NSA officials
lifted restrictions on the practice."
The policy shift was intended to help the agency "discover and track"
connections between intelligence targets overseas and people in the United
States, according to an NSA memorandum from January 2011, the Times said.
It said the NSA was authorized to conduct "large-scale graph analysis on
very large sets of communications metadata without having to check foreignness"
of every email address, phone number or other identifier, the document said.
Because of concerns about infringing on the privacy of American citizens, the
computer analysis of such data had previously been permitted only for
foreigners.
The agency could augment the communications data with material from public,
commercial and other sources, including bank codes, insurance information,
Facebook profiles, passenger manifests, voter registration rolls and GPS
location information, as well as property records and unspecified tax data,
according to the documents, the paper said.
It said NSA officials declined to say how many Americans had been affected
and said the documents did not describe the result of the scrutiny, which it
said "links phone numbers and emails in a 'contact chain' tied directly or
indirectly to a person or organization overseas that is of foreign intelligence
interest."
COURT RULING
Earlier this week, leaders of the U.S. Senate Intelligence Committee said
they were working on legislation that would tighten oversight of federal
electronic eavesdropping programs. Support for such changes has been growing
since Snowden leaked information in June that the government collects far more
Internet and telephone data than previously known.
The Times said that an NSA spokeswoman, asked about the analyses of
Americans' data, said, "All data queries must include a foreign intelligence
justification, period." It quoted her as saying: "All of NSA's work has a
foreign intelligence purpose."
She said the policy change disclosed in the latest revelations was based on
a 1979 Supreme Court ruling that Americans could have no expectation of privacy
about what numbers they had called.
The Times quoted her as saying that, based on that ruling, the Justice
Department and the Pentagon decided that it was permissible to create contact
chains using Americans' "metadata," which includes the timing, location and
other details of calls and emails, but not their content. The agency is not
required to seek warrants for the analyses from the Foreign Intelligence
Surveillance Court.
NSA officials declined to identify which phone and email databases were
used to create the social network diagrams, and the documents provided by
Snowden do not specify them, the paper said.
It said the NSA did say that the large database of Americans' domestic
phone call records, which was revealed by Snowden in June and caused alarm in
Washington, was excluded.
The Times said that while concerns in the United States since Snowden's
revelations had largely focused on the scope of the agency's collection of the
private data of Americans and the potential for abuse, the new documents
provided a rare window into what the agency actually did with the information it
gathers.
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