Live data from Hacker News

Rand Paul: NSA Routinely Monitors Americans’ Communications Without Warrants

theintercept.com

161–170 of 300 posts

Re: Rand Paul: NSA Routinely Monitors Americans’ Communications Without Warrants

#161
post #152

Earlier quoted context omitted.

The current system is worse than being designed to be used without warrant - it's explicitly setup to subvert the warrant process. Remember, FISA court proceedings are secret, and at least as of 2013 (I'm getting this info from Wikipedia), a massive 12 out of 35,529 FISA warrent requests were rejected.

The rate of rejections does not actually tell you anything about the effectiveness of the court. Related fallacy: there is not a standard ratio of people who should fail school tests.

> Related fallacy: there is not a standard ratio of people who should fail school tests.

Fair enough, but then one could argue that law enforcement are under-utilizing the powers they ought to have since so many requests are sailing through without impediment.

Re: Rand Paul: NSA Routinely Monitors Americans’ Communications Without Warrants

#162

Earlier quoted context omitted.

It should have become pretty clear that this wasn't partisan when an outgoing Obama helped ramp up surveillance in full knowledge of who was next. Seeing people treat this as a D/R fight when Udall and Feinstein are viciously opposed to one another is bizarre to me.

Jesus Christ. Who do you think you can influence? Do you honestly believe that you can sway enough republicans to get anything important done? People who don't see the republicans for what they are is pretty bizarre to me. We have a two party system. Which one do you think you could have an impact on?

We just had an election where millions of people had a huge impact on the Republican party by rejecting the candidate selected by the establishment (Jeb) and overwhelmingly preferring the candidate the establishment fought tooth and nail to torpedo.

On the other hand you have the party who rigged their primaries to ensure that their neoconservative warhawk could be elected. Which one do you think you could have an impact on?

Re: Rand Paul: NSA Routinely Monitors Americans’ Communications Without Warrants

#163

Earlier quoted context omitted.

Thank you for the specific references. I can understand the argument of specifically bulk SIGINT collection being problematic. > I'm not saying that wiretapping someone with a warrant or monitoring someone within the law is a human rights violation. As the communications of targets now mostly flow through the same "pipes" as the communications of normal citizens who are not of interest, I am curious how effective int…

My argument would be that they need to find a way to access info on specific individuals as opposed to grabbing data indiscriminately from the pipes. I don't know if this is possible but it's the job of the IC to come up with a solution compatible with the law and human rights. My point on warrants wasn't well thought out. You make some good points there. As for the USA being in the dark I think my points are relevan…

> My argument would be that they need to find a way to access info on specific individuals as opposed to grabbing data indiscriminately from the pipes. I don't know if this is possible but it's the job of the IC to come up with a solution compatible with the law and human rights.

Well this is close to what is happening. As I understand it, to indefinitely store data the system would need to be tasked to track certain targets of interest. That said, I would be curious to see the success stories for data derived from specific targeting versus those which required past data that was only available due to the "rolling buffer" of data/metadata (I am assuming that this is what you're referring to when you say "indiscriminately"). The "rolling buffer" setup could not have been very easy to create versus the "retain data only for certain targets and drop other data" methodology, so there must have been some intelligence need for it at some point, but with the prevalence of HTTPS I'm not so sure it'd be useful. Could be wrong though, surely at least an interesting way this could be reconciled.

> As for the USA being in the dark I think my points are relevant to most countries so the idea is not to disadvantage anyone but that there is a level playing field that respects everyone's rights. Obviously some countries are going to violate human rights but it shouldn't be highly developed democratic nations just because the right is less glamorous than others.

I just find it incredibly hard to believe that nearly all other countries are not performing similar forms of SIGINT collection in the same way we are. I believe that it is just USA and the UK who are in the spotlight for this due to the leaks in 2013. That said, I absolutely admit that I don't have much to stand on without the ability to point to public evidence of this.

> It's very hard to have a useful debate on this when we don't actually have data showing how useful bulk data collection is.

You are absolutely correct here, the current "trust us" reasoning is unhelpful. Solid statements such as "By performing bulk monitoring of internet traffic flows, we were able to task the system to capture all traffic from selectors (phone number, e-mail, IP, etc) associated with BadGuy X1 X2 and X3, who were planning Y attack on Z and we were able to have AlliedMilitary thwart it" would be a far more productive way to have a clear discussion on the topic at hand. The IC has an aversion to publicizing information regarding this sort of thing presumably due to fear that enemies would figure out how they got the required intelligence and then change their tradecraft accordingly. I think that concern is a valid one as well, and I truly hope that we can figure out a decent way to reconcile it so there can be a middle ground. Perhaps it could even be helpful to provide aggregate information at an unclassified level and have cleared representatives publicly confirm the accuracy by reviewing the case by case (specific) classified details.

Re: Rand Paul: NSA Routinely Monitors Americans’ Communications Without Warrants

#164

Earlier quoted context omitted.

> It would be nice if all surveillance could be traced back to FISA warrants However, there is an audit trail in the system. As an investigation will occur on this matter, I am sure that cleared representatives will have access to this for review.

> As an investigation will occur on this matter What seems odd to me is that this "investigation" takes more than a few minutes. How is a system that allows easy auditing and checks and balances also the same system that takes weeks or months to determine who accessed specific records. I think it's unlikely we'll see any raw data. Chances are that if there was any investigation going on into anyone on Trump's team (w…

> What seems odd to me is that this "investigation" takes more than a few minutes. How is a system that allows easy auditing and checks and balances also the same system that takes weeks or months to determine who accessed specific records.

I agree with regards to viewing the data. But that would imply it was a matter of asking NSA to check the audit trail. With a topic so politically charged, I would hope that they would instead get an independent committee with proper security clearances to get access to the data in their SCIF and be able to ask questions to fully understand each action taken and assure it is all above board. I do not have direct knowledge of how such an investigation would work, but my point is that retrieving the audit trail is probably an easy aspect of a longer process.

Re: Rand Paul: NSA Routinely Monitors Americans’ Communications Without Warrants

#165
post #142
post #138

Earlier quoted context omitted.

Why, in a thread about unacceptable reach of executive power, is the top comment a defense of the sitting president (the wielder of such power) and a canard about a mostly-unrelated political scandal?

Because there are three separate scenarios we could be in: the sitting president wants to get rid of this power, the sitting president wants to abuse this power, and the sitting president does not understand this power . If the office of the president is saying things like "microwaves that turn into cameras," I'm not confident in the president's ability to understand the problem well enough to solve it effectively (n…

> If the office of the president is saying things like "microwaves that turn into cameras," I'm not confident in the president's ability to understand the problem well enough to solve it effectively (nor, and this is small comfort, to take advantage of it effectively).

imho this particular case seems like the incoherent ramblings of a nutcase, but bugs hidden in everyday devices are old-school espionage stuff (e.g. https://en.wikipedia.org/wiki/The_Thing_(listening_device) or countless others).

A microwave would be a pretty awesome target for a bug - it can live off the microwave's standby power, and transmit in the 2.4 GHz band when the microwave is operational. The high power usage of the magnetron (and the load-switching voltage spikes) would cover the increased energy demand, and using the 2.4 GHz band prevents it from being detected by bug sweepers (the noise from the microwave will drown out the sweeper).

Re: Rand Paul: NSA Routinely Monitors Americans’ Communications Without Warrants

#166

Earlier quoted context omitted.

I think this is a misconception, but I totally do understand where it comes from. The OGC and IC IG genuinely do care a lot about these things but due to the classified nature of the NSA's work any disputes and arguments about all the nuances are occurring behind closed doors. The specific big case which the public knows about would be the domestic telephony metadata collection. Nobody knows about the discussions rel…

It takes a lot of chutzpah to make that kind of defense of the IC in 2017. It is also incredibly insulting to imply that nobody was aware of or upset about any of this before Snowden. What's clear to see is that when these concerns were being hashed out, the Tom Drakes and Bill Binneys lost. What won was so bad that we haven't even discovered the bounds of their malfeasance. The mistrust that the IC has rightly earne…

> There is no proper oversight, not for any reasonable definition of the word.

Could you elaborate on what practices you precisely take issue with?

If it is regarding domestic telephony metadata collection, I am in agreement and I am glad that the USA Freedom Act restricted that. Otherwise, I don't really know how to answer you as you haven't stated any specific problem that you have.

Additionally, I'm not so sure my reply is that great of a defense, I am only stating facts because I do not believe that spreading misconceptions is very helpful to discussion on this kind of topic.

Re: Rand Paul: NSA Routinely Monitors Americans’ Communications Without Warrants

#167

Earlier quoted context omitted.

> demagoguery Well, if President Trump actually does serve the common people, it will be a wondrous thing.

> A demagogue ... is a leader in a democracy who gains popularity by exploiting prejudice and ignorance among the common people, whipping up the passions of the crowd and shutting down reasoned deliberation. Where is he doing anything other than furthering his interests?

[deleted]

Re: Rand Paul: NSA Routinely Monitors Americans’ Communications Without Warrants

#168

Earlier quoted context omitted.

> demagoguery Well, if President Trump actually does serve the common people, it will be a wondrous thing.

> A demagogue ... is a leader in a democracy who gains popularity by exploiting prejudice and ignorance among the common people, whipping up the passions of the crowd and shutting down reasoned deliberation. Where is he doing anything other than furthering his interests?

[deleted]

Re: Rand Paul: NSA Routinely Monitors Americans’ Communications Without Warrants

#169
post #104

Earlier quoted context omitted.

I think a lot of people do, but it's best not to rate it too highly. It's a lot easier to communicate clearly and effectively when your propositions are simple, and it's a lot easier to have simple propositions when you're not constrained by the evidence. That's pretty much the whole story of demagoguery and why it continues to work.

> demagoguery Well, if President Trump actually does serve the common people, it will be a wondrous thing.

By demagoguery I mean demagoguery — I mean highly charged oratory, persuasive whipping-up rhetoric (https://youtu.be/ZFD01r6ersw?t=40).

Re: Rand Paul: NSA Routinely Monitors Americans’ Communications Without Warrants

#170
post #138

Earlier quoted context omitted.

Why, in a thread about unacceptable reach of executive power, is the top comment a defense of the sitting president (the wielder of such power) and a canard about a mostly-unrelated political scandal?

> a thread about unacceptable reach of executive power This is true no matter who is in charge. > top comment a defense of the sitting president It is not a defense, but if you perceive it that way you reveal your own bias. It is merely a point about the relevance of a FISA warrant when reasoning about the issue. > the wielder of such power) Of course, my caution about the irrelevance of FISA warrants applies equally…

> I'm not really sure how to respond to your characterization of the Snowden revelations as a unrelated political scandal.

Which should have been your clue that you whiffed on the point.

"Obummer tapped my phones!" is the unrelated political scandal. If you don't want to be dinged for derailing the discussion, you could have jumped into a discussion about FISA/DoJ vs. NSA surveillance via any other technique. Instead you chose to go down this ridiculous "See? Trump was right!" rathole. And here we are.

Post reply on HN