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Rand Paul: NSA Routinely Monitors Americans’ Communications Without Warrants

theintercept.com

271–280 of 300 posts

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

#271

Earlier quoted context omitted.

> My read of it Here's some reading material that you missed: https://www.us-cert.gov/security-publications/GRIZZLY-STEPPE... https://www.crowdstrike.com/blog/bears-midst-intrusion-democ... http://www.threatgeek.com/2016/06/dnc_update.html https://www.threatconnect.com/guccifer-2-0-dnc-hack-fancy-be... > One must believe not only that Putin meddled, but that he saw Trump's victory as a sure thing and worth risking es…

The attribution of those hacks did not implicate Russia and especially did not implicate Putin. There may be other, secret evidence that does, but it was not revealed to the public for scrutiny. I think it goes without saying that Russia engages in mischief around the world in ways that hinder the US, and the US does the same to Russia. Nothing about this is a sudden, triggering event that calls for military strikes…

> The attribution of those hacks did not implicate Russia

They​ absolutely did implicate Russia. Read them again.

The rest of your post is bloviating about a military escalation that exists only in your mind.

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

#272

Earlier quoted context omitted.

> Has the program been replaced? Yes. http://www.npr.org/sections/thetwo-way/2015/11/29/457779757/... > How do comments from high level officials denying that US citizens were being surveilled en mass fit into the picture? There was a comment, singular, from a high-level official, singular, denying collection of data on US citizens en masse. There was never surveillance en masse, so any denying that would be complete…

> As long as in-house counsel says it is probably fine, the programs go ahead. Yes, I know that all agencies have a John Yoo who is ready to write a learned legal argument for why their actions are within the law. This means nothing. > The difference is in how the data is used. One is used to harass Muslims and their acquaintances. The other is used solely to find affiliates of a known threat to national security Not…

> Yes, I know that all agencies have a John Yoo who is ready to write a learned legal argument for why their actions are within the law. This means nothing.

As I explained, this happens everywhere, not just in government agencies. That is why no reasonable person would have expected a public discussion prior to implementation.

> Not true. The muslim watch list was created after 9/11 and was not shut down until late in Barack Obama's first term.

We were discussing the Muslim registry that Trump wanted to implement, which goes far beyond NSEERS. He has at times ramblingly suggested that he wants all Muslims to be registered, not just some foreigners visiting the US as in NSEERS.

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

#273
post #152

Earlier quoted context omitted.

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.

If the agency submitting requests are denied often, the judge would look at future requests from that agency more closely and deny at an even higher rate. You don't go to the judge with garbage for probable cause.

More directly, looking at the approval rate for FISA requests without also looking at the high approval rate for search warrants is going to cause you to reach nonsensical conclusions. https://www.quora.com/How-often-are-requests-for-a-search-wa...

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

#274

Earlier quoted context omitted.

The attribution of those hacks did not implicate Russia and especially did not implicate Putin. There may be other, secret evidence that does, but it was not revealed to the public for scrutiny. I think it goes without saying that Russia engages in mischief around the world in ways that hinder the US, and the US does the same to Russia. Nothing about this is a sudden, triggering event that calls for military strikes…

> The attribution of those hacks did not implicate Russia They​ absolutely did implicate Russia. Read them again. The rest of your post is bloviating about a military escalation that exists only in your mind.

> Read them again.

I just read them again. There is clearly a great effort being made to embellish the evidence so that it seems like state actor caliber work.

I think we can safely assume that the US and Russia conduct steady amounts of mischief toward each-other, and that it's largely out of the public view. Some of it likely includes hacking attempts, etc.

But the very documents you link say that while the groups in question were not previously linked to the Russian government, there is suddenly reason to believe they are (namely the release of the DNC emails).

So for some reason previous JARs had not felt it worthwhile to speculate about state actors being involved, suddenly this link to the Russian state became the most relevant aspect. Hmm.

I think it's quite plausible that Russia pays several groups of hackers a few million dollars a year to conduct mischief. For all we know the US pays similar (or even the same) groups to do mischief.

We're told that there is an arbitrary code execution vulnerability that was responsible for the DNC hack, but we're also told that a user fell victim to a phishing email. While both might be true, which of these pieces of evidence can we attribute to the DNC hack?

It was revealed previously that the server at the DNC was not patched and was likely vulnerable for many months. Any number of actors could have gained access to it, installed rootkits, etc.

With all the leaks and embarrassing revelations coming out about US intelligence agencies, I think it's best to remain highly skeptical of any information revealed that has a political impact.

A few months ago people were angry that James Comey handed the election to Donald Trump, now the same people are certain that the best explanation for the DNC email leaks is a Russian state-sponsored attack.

The truth is likely somewhere in the middle. Sure, Russia probably has a constant mischief campaign (as does, quite likely, the US), but within 24 hours of the DNC email leaks there were loud accusations of Russian involvement before Crowdstrike had done any analysis.

Reading the actual emails reveals an organizational culture that was extremely technically inept and that did not take it security seriously at all.

To put this in perspective, any serious state actor would have owned a vulnerable server being used by a major US political figure within hours after the server became vulnerable, and no trail would have been left. US intelligence warned the HRC about the vulnerable server multiple times because the US, a state actor, is on top of it.

How difficult is it to periodically scan the list of a few hundred IP addresses used by top officials for known vulnerabilities. This is by far the most plausible explanation for how a state actor would handle the situation.

If anything the FancyBear group and other similar groups are just hackers for hire who periodically sell some results to the Russian government.

I think it's important to consider that if you have the budget of a state actor you don't do many of the things that are used as evidence in this narrative.

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

#275

Earlier quoted context omitted.

> As long as in-house counsel says it is probably fine, the programs go ahead. Yes, I know that all agencies have a John Yoo who is ready to write a learned legal argument for why their actions are within the law. This means nothing. > The difference is in how the data is used. One is used to harass Muslims and their acquaintances. The other is used solely to find affiliates of a known threat to national security Not…

> Yes, I know that all agencies have a John Yoo who is ready to write a learned legal argument for why their actions are within the law. This means nothing. As I explained, this happens everywhere, not just in government agencies. That is why no reasonable person would have expected a public discussion prior to implementation. > Not true. The muslim watch list was created after 9/11 and was not shut down until late i…

> We were discussing the Muslim registry that Trump wanted to implement, which goes far beyond NSEERS.

Right. Trump stopped calling for this after he was briefed on the metadata program and told "hey we have the best registry you could ever want, no need to call for one, it's already built and at your disposal".

Trump's decision to call for a Muslim registry was born out of the political appeal of saying something that is both commonplace and controversial. Obama wanted a Muslim registry and utilized it for several years as well. Yet when a guy like Trump talks about it he does it in a way that angers people and generates newspaper headlines.

> s I explained, this happens everywhere,

Right, it's a risk mitigation strategy not a law-compliance strategy.

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

#276

Earlier quoted context omitted.

> Yes, I know that all agencies have a John Yoo who is ready to write a learned legal argument for why their actions are within the law. This means nothing. As I explained, this happens everywhere, not just in government agencies. That is why no reasonable person would have expected a public discussion prior to implementation. > Not true. The muslim watch list was created after 9/11 and was not shut down until late i…

> We were discussing the Muslim registry that Trump wanted to implement, which goes far beyond NSEERS. Right. Trump stopped calling for this after he was briefed on the metadata program and told "hey we have the best registry you could ever want, no need to call for one, it's already built and at your disposal". Trump's decision to call for a Muslim registry was born out of the political appeal of saying something th…

> Right. Trump stopped calling for this after he was briefed on the metadata program and told "hey we have the best registry you could ever want, no need to call for one, it's already built and at your disposal".

Did you forget that this metadata collection ended? Did you forget that when it was collected, the only way to query it was to find anonymized IDs of contacts to issue court orders to deanonymize? I explained both of these earlier in this very conversation. Or do you think that Trump doesn't understand these nuances and thinks he has the the ability to spy on anybody?

> Obama wanted a Muslim registry and utilized it for several years as well.

Did you forget that NSEERS isn't a Muslim registry but a registry of visiting foreigners from specific dominantly Muslim countries, as I just explained in my previous post, which is different from an actual Muslim registry that Trump has suggested he supports?

> Right, it's a risk mitigation strategy not a law-compliance strategy.

Whatever you call it, this happens everywhere, so it's amazing to me that you would think public debate would be necessary before implementing those programs.

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

#277

Earlier quoted context omitted.

> The attribution of those hacks did not implicate Russia They​ absolutely did implicate Russia. Read them again. The rest of your post is bloviating about a military escalation that exists only in your mind.

> Read them again. I just read them again. There is clearly a great effort being made to embellish the evidence so that it seems like state actor caliber work. I think we can safely assume that the US and Russia conduct steady amounts of mischief toward each-other, and that it's largely out of the public view. Some of it likely includes hacking attempts, etc. But the very documents you link say that while the groups…

> I just read them again. There is clearly a great effort being made to embellish the evidence so that it seems like state actor caliber work.

You very clearly didn't read them before this when you said there was no evidence other than that Russia might want to meddle in the election, and from your post, it seems unlikely you read them "again" just now. The hacks used implants that were only ever used by the respective groups, which had only targeted organizations that the Russian government was pursuing and were known to be RIS groups by multiple security firms long before the DNC attack even happened. The implants were dropped through spearphishing campaigns with forms hosted on known RIS infrastructure.

> within 24 hours of the DNC email leaks there were loud accusations of Russian involvement before Crowdstrike had done any analysis

The FBI had notified the DNC of the intrusion with attribution long before the emails were leaked to the public. https://mobile.nytimes.com/2016/12/13/us/politics/russia-hac...

> US intelligence warned the HRC about the vulnerable server multiple times because the US, a state actor, is on top of it.

HRC had nothing to do with the compromised DNC server, so US intelligence wouldn't have warned her and did not. Where are you getting this ridiculous assertion from?

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

#278

Earlier quoted context omitted.

> What is the objective of Trump's behavior? I see no pattern or strategy in it LOL. That would make you the only person on the planet in that category. Whatever your value judgment of the actors, it's completely disingenous to just pretend there are no patterns. > What is the difference between a missile that takes out a power grid and a computer virus that takes out a power grid? Seriously? Now you're walking back…

> pretend there are no patterns. The only pattern is this: Trump says something outrageous and gets the media focused on what he said. This continues until he says another outrageous thing, attracting attention at will. He's like a human teasing a cat with a bamboo pole with a piece of yarn attached. I don't assume any motive other than to control media attention. GWB used this technique when Rumsfeld said various ou…

>The only pattern is this...his remarks during the campaign about wanting better relations with Russia were intended to stir the pot

LOL. That's absurd on its face. His deference to Russia and Putin is complete and it's not just his public rhetoric, but backchannel nods that were not intended to be revealed for public shock or otherwise, and favorable RNC platform changes and beyond.

And, all of this in the context of Russian election interference, designed to rig the election in his favor. He long-denied that rigging, even in the face of overwhelming evidence. But, even he was finally forced to admit the intelligence agencies had it right. Still, here you are.

Sorry. Real things happened that can't be dismissed as pot-stirring rhetoric.

>not to (stupidly) telegraph

One would think it would be stupid, but then, here you are trying to shill for him in spite of it.

>I am not making the claim as my own view...

In one sense, that's probably the most accurate thing you've said.

But, you seem to have thoroughly confused yourself here vis-a-vis your original asinine assertion, which was that Clinton likely would have responded militarily to Russia's election-meddling. Now, you're throwing in stuff about later cyber-attacks on infrastructure, etc. that would precipitate such a response. BTW, that "Clinton would have started WW3" rhetoric is exactly the fear-mongering coming out of Russia during the campaign. Funny how you are in complete lock-step with Russian propaganda.

>I think you overlook the decades long strategy the US...

I don't. I just look at what's happening now.

Most Americans actually want an investigation. But, even those who don't aren't so starkly anti-American/pro-Russian as you.

>This is a silly comment

I would say more corny than silly, but I just wanted to help you understand how most Americans feel about our country, since you don't seem to be familiar with that.

>I figured you represented the right-wing view

By "right-thinking", I meant correct or clear, not politically right. It's a figure-of-speech. I'm hardly a hawk. But, the real question is what are you, exactly?

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

#279
post #115

Earlier quoted context omitted.

If we're going to have the occasional political discussion on Hacker News, we're going to have to please refrain from calling names like "apocalyptic cult".

I'm not the one that came up with that term. I think it was Norm Ornstein? What I don't understand is how you think you can have a discussion with one side willing to do anything to subvert your position. My point is that republicans have been playing to win and Democrats have been playing along. If you value science or secular society there isn't another choice. You have to oppose them.

> I'm not the one that came up with that term. I think it was Norm Ornstein?

No, it was Mike Lofgren [0]

[0] http://www.truth-out.org/goodbye-all-reflections-gop-operati...

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

#280
post #199

Earlier quoted context omitted.

When that's what senior GOP officials are calling the party themselves, and have been for years, well before the recent election cycle, and how it's referred to in mainstream media, you might care to reconsider your position. http://www.rollingstone.com/politics/news/how-the-apocalypti... https://www.washingtonpost.com/opinions/lets-just-say-it-the... http://www.newstatesman.com/blogs/mehdi-hasan/2011/09/republ... ht…

A single former GOP staffer is what 4 out of 5 of those articles are referencing. The last one doesn't even contain the words "apocalyptic cult".

Correct, Mike Lofgren. [0]

[0] http://www.truth-out.org/goodbye-all-reflections-gop-operati...

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