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> Your second loophole doesn't apply to the NSA (they're not a law enforcement agency), but is a concern for the FBI. Good to know, thanks. 702 doesn't allow
by socillion 13y ago
> Your second loophole doesn't apply to the NSA (they're not a law enforcement agency), but is a concern for the FBI.
Good to know, thanks.
702 doesn't allow intentional collection of US communications - intentional being a key part, as they are only required to minimize the amount of US communications collected. For example, the leaked minimization procedures includes "[t]he communications that may be retained include electronic communications acquired because of limitations on NSA’s ability to filter communications."
The proposed amendment has no bearing on collection, but would allow querying of the data incidentally collected on US citizens under 702.
"Reverse targeting" is explicitly disallowed by 702(b)(2): "may not intentionally target a person reasonably believed to be located outside the United States if the purpose of such acquisition is to target a particular, known person reasonably believed to be in the United States."
From a 2012 Committee on Intelligence report:
"[D]ue to the nature of the collection and the limits of the technology involved, it is not reasonably possible to identify the number of people located in the United States whose communications may have been reviewed under Section 702 authority."
"Finally, on a related matter, the Committee considered
whether querying information collected under Section 702 to
find communications of a particular United States person should be prohibited or more robustly constrained. With respect to analyzing the information lawfully collected under Section 702, however, the Intelligence Community provided several examples in which it might have a legitimate foreign intelligence need to conduct queries in order to analyze data already in its possession."
http://www.emptywheel.net/2013/06/25/confirmed-nsa-does-search-section-702-data-for-particular-us-person-data/ http://www.emptywheel.net/2013/06/25/confirmed-nsa-does-sear...