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National Security Agency: Difference between revisions
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=== Vietnam War === | === Vietnam War === | ||
{{Main|Project MINARET|NESTOR (encryption)}} | {{Main|Project MINARET|NESTOR (encryption)}} | ||
In the 1960s, the NSA played a key role in expanding U.S. commitment to the [[Vietnam War]] by providing evidence of a [[North Vietnam]]ese attack on the American destroyer {{USS|Maddox|DD-731|6}} during the [[Gulf of Tonkin incident]].<ref>{{cite news |first=Scott |last=Shane |title=Vietnam Study, Casting Doubts, Remains Secret |url=https://www.nytimes.com/2005/10/31/politics/31war.html |newspaper= | In the 1960s, the NSA played a key role in expanding U.S. commitment to the [[Vietnam War]] by providing evidence of a [[North Vietnam]]ese attack on the American destroyer {{USS|Maddox|DD-731|6}} during the [[Gulf of Tonkin incident]].<ref>{{cite news |first=Scott |last=Shane |title=Vietnam Study, Casting Doubts, Remains Secret |url=https://www.nytimes.com/2005/10/31/politics/31war.html |newspaper=The New York Times |date=October 31, 2005 |quote=The National Security Agency has kept secret since 2001 a finding by an agency historian that during the Tonkin Gulf episode, which helped precipitate the Vietnam War |access-date=June 7, 2024 |archive-date=March 28, 2015 |archive-url=https://web.archive.org/web/20150328104601/http://www.nytimes.com/2005/10/31/politics/31war.html |url-status=live }}</ref> | ||
A secret operation, code-named "[[Project MINARET|MINARET]]", was set up by the NSA to monitor the phone communications of Senators [[Frank Church]] and [[Howard Baker]], as well as key leaders of the [[civil rights movement]], including [[Martin Luther King Jr.]], and prominent U.S. journalists and athletes who criticized the [[Vietnam War]].<ref name=Minaret>[https://www.theguardian.com/world/2013/sep/26/nsa-surveillance-anti-vietnam-muhammad-ali-mlk "Declassified NSA Files Show Agency Spied on Muhammad Ali and MLK Operation Minaret Set Up in the 1960s to Monitor Anti-Vietnam Critics, Branded 'Disreputable If Not Outright Illegal' by NSA Itself"] {{Webarchive|url=https://web.archive.org/web/20130926154853/http://www.theguardian.com/world/2013/sep/26/nsa-surveillance-anti-vietnam-muhammad-ali-mlk |date=2013-09-26 }} ''The Guardian'', September 26, 2013</ref> However, the project turned out to be controversial, and an internal review by the NSA concluded that its Minaret program was "disreputable if not outright illegal".<ref name=Minaret /> | A secret operation, code-named "[[Project MINARET|MINARET]]", was set up by the NSA to monitor the phone communications of Senators [[Frank Church]] and [[Howard Baker]], as well as key leaders of the [[civil rights movement]], including [[Martin Luther King Jr.]], and prominent U.S. journalists and athletes who criticized the [[Vietnam War]].<ref name=Minaret>[https://www.theguardian.com/world/2013/sep/26/nsa-surveillance-anti-vietnam-muhammad-ali-mlk "Declassified NSA Files Show Agency Spied on Muhammad Ali and MLK Operation Minaret Set Up in the 1960s to Monitor Anti-Vietnam Critics, Branded 'Disreputable If Not Outright Illegal' by NSA Itself"] {{Webarchive|url=https://web.archive.org/web/20130926154853/http://www.theguardian.com/world/2013/sep/26/nsa-surveillance-anti-vietnam-muhammad-ali-mlk |date=2013-09-26 }} ''The Guardian'', September 26, 2013</ref> However, the project turned out to be controversial, and an internal review by the NSA concluded that its Minaret program was "disreputable if not outright illegal".<ref name=Minaret /> | ||
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=== From 1980s to 1990s === | === From 1980s to 1990s === | ||
In 1986, the NSA intercepted the communications of the Libyan government during the immediate aftermath of the [[1986 Berlin discotheque bombing|Berlin discotheque bombing]]. The [[White House]] asserted that the NSA interception had provided "irrefutable" evidence that Libya was behind the bombing, which U.S. President [[Ronald Reagan]] cited as a justification for the [[1986 United States bombing of Libya]].<ref>{{cite news|last=Seymour M. Hersh|title=Target Qaddafi|url=https://www.nytimes.com/1987/02/22/magazine/target-qaddafi.html?pagewanted=all|work= | In 1986, the NSA intercepted the communications of the Libyan government during the immediate aftermath of the [[1986 Berlin discotheque bombing|Berlin discotheque bombing]]. The [[White House]] asserted that the NSA interception had provided "irrefutable" evidence that Libya was behind the bombing, which U.S. President [[Ronald Reagan]] cited as a justification for the [[1986 United States bombing of Libya]].<ref>{{cite news|last=Seymour M. Hersh|title=Target Qaddafi|url=https://www.nytimes.com/1987/02/22/magazine/target-qaddafi.html?pagewanted=all|work=The New York Times|access-date=January 12, 2014|date=February 22, 1987|archive-date=January 24, 2014|archive-url=https://web.archive.org/web/20140124070854/http://www.nytimes.com/1987/02/22/magazine/target-qaddafi.html?pagewanted=all|url-status=live}}</ref><ref>{{cite news|last=David Wise|title=Espionage Case Pits CIA Against News Media|url=https://www.latimes.com/archives/la-xpm-1986-05-18-op-21101-story.html|work=[[The Los Angeles Times]]|access-date=January 12, 2014|date=May 18, 1986|quote=the President took an unprecedented step in discussing the content of the Libyan cables. He was, by implication, revealing that the NSA had broken the Libyan code.|archive-date=January 13, 2014|archive-url=https://web.archive.org/web/20140113125722/http://articles.latimes.com/1986-05-18/opinion/op-21101_1_news-media/2|url-status=live}}</ref> | ||
In 1999, a multi-year investigation by the European Parliament highlighted the NSA's role in economic espionage in a report entitled 'Development of Surveillance Technology and Risk of Abuse of Economic Information'.<ref>{{cite report |author=Peggy Becker |date=October 1999 |title=Development of Surveillance Technology and Risk of Abuse of Economic Information |url=http://www.europarl.europa.eu/stoa/cms/cache/offonce/home/publications/studies?page=12 |publisher=STOA, European Parliament |page=12 |access-date=November 3, 2013 |archive-date=January 25, 2014 |archive-url=https://web.archive.org/web/20140125141702/http://www.europarl.europa.eu/stoa/cms/cache/offonce/home/publications/studies?page=12 |url-status=dead }}</ref> That year, the NSA founded the [[NSA Hall of Honor]], a memorial at the [[National Cryptologic Museum]] in Fort Meade, Maryland.<ref name=SunHall /> The memorial is a, "tribute to the pioneers and heroes who have made significant and long-lasting contributions to American cryptology".<ref name=SunHall /> NSA employees must be retired for more than fifteen years to qualify for the memorial.<ref name=SunHall>{{cite news|author=Staff|title=NSA honors 4 in the science of codes|url=https://www.baltimoresun.com/2003/06/13/nsa-honors-4-in-the-science-of-codes/|date=June 13, 2003|work=The Baltimore Sun|publisher=Tribune Company|access-date=June 11, 2013|archive-date=June 14, 2013|archive-url=https://web.archive.org/web/20130614020759/http://articles.baltimoresun.com/2003-06-13/news/0306130156_1_cryptology-hall-of-honor-pioneers|url-status=live}}</ref> | In 1999, a multi-year investigation by the European Parliament highlighted the NSA's role in economic espionage in a report entitled 'Development of Surveillance Technology and Risk of Abuse of Economic Information'.<ref>{{cite report |author=Peggy Becker |date=October 1999 |title=Development of Surveillance Technology and Risk of Abuse of Economic Information |url=http://www.europarl.europa.eu/stoa/cms/cache/offonce/home/publications/studies?page=12 |publisher=STOA, European Parliament |page=12 |access-date=November 3, 2013 |archive-date=January 25, 2014 |archive-url=https://web.archive.org/web/20140125141702/http://www.europarl.europa.eu/stoa/cms/cache/offonce/home/publications/studies?page=12 |url-status=dead }}</ref> That year, the NSA founded the [[NSA Hall of Honor]], a memorial at the [[National Cryptologic Museum]] in Fort Meade, Maryland.<ref name=SunHall /> The memorial is a, "tribute to the pioneers and heroes who have made significant and long-lasting contributions to American cryptology".<ref name=SunHall /> NSA employees must be retired for more than fifteen years to qualify for the memorial.<ref name=SunHall>{{cite news|author=Staff|title=NSA honors 4 in the science of codes|url=https://www.baltimoresun.com/2003/06/13/nsa-honors-4-in-the-science-of-codes/|date=June 13, 2003|work=The Baltimore Sun|publisher=Tribune Company|access-date=June 11, 2013|archive-date=June 14, 2013|archive-url=https://web.archive.org/web/20130614020759/http://articles.baltimoresun.com/2003-06-13/news/0306130156_1_cryptology-hall-of-honor-pioneers|url-status=live}}</ref> | ||
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{{See also|NSA warrantless surveillance (2001–2007)}} | {{See also|NSA warrantless surveillance (2001–2007)}} | ||
[[George W. Bush]], president during the [[September 11 attacks|9/11 terrorist attacks]], approved the [[Patriot Act]] shortly after the attacks to take anti-terrorist security measures. [[Title I of the Patriot Act|Titles 1]], [[Title II of the Patriot Act|2]], and [[Title IX of the Patriot Act|9]] specifically authorized measures that would be taken by the NSA. These titles granted enhanced domestic security against terrorism, surveillance procedures, and improved intelligence, respectively. On March 10, 2004, there was a debate between President Bush and White House Counsel [[Alberto Gonzales]], Attorney General [[John Ashcroft]], and Acting Attorney General [[James Comey]]. The Attorneys General were unsure if the NSA's programs could be considered constitutional. They threatened to resign over the matter, but ultimately the NSA's programs continued.<ref>{{cite book|title=President George W. Bush's Influence Over Bureaucracy and Policy|last=Provost|first=Colin|publisher=Palgrave Macmillan|year=2009|isbn=978-0-230-60954-9|pages=[https://archive.org/details/presidentgeorgew0000unse/page/94 94–99]|url=https://archive.org/details/presidentgeorgew0000unse/page/94}}</ref> On March 11, 2004, President Bush signed a new authorization for mass surveillance of Internet records, in addition to the surveillance of phone records. This allowed the president to be able to override laws such as the [[Foreign Intelligence Surveillance Act]], which protected civilians from mass surveillance. In addition to this, President Bush also signed that the measures of mass surveillance were also retroactively in place.<ref name=NYTimes2015-09-20 /><ref name="NYTWarrantless">[[James Risen]] & [[Eric Lichtblau]] (December 16, 2005), [https://www.nytimes.com/2005/12/16/politics/16program.html Bush Lets U.S. Spy on Callers Without Courts] {{Webarchive|url=https://web.archive.org/web/20150524040621/http://www.nytimes.com/2005/12/16/politics/16program.html |date=2015-05-24 }}, '' | [[George W. Bush]], president during the [[September 11 attacks|9/11 terrorist attacks]], approved the [[Patriot Act]] shortly after the attacks to take anti-terrorist security measures. [[Title I of the Patriot Act|Titles 1]], [[Title II of the Patriot Act|2]], and [[Title IX of the Patriot Act|9]] specifically authorized measures that would be taken by the NSA. These titles granted enhanced domestic security against terrorism, surveillance procedures, and improved intelligence, respectively. On March 10, 2004, there was a debate between President Bush and White House Counsel [[Alberto Gonzales]], Attorney General [[John Ashcroft]], and Acting Attorney General [[James Comey]]. The Attorneys General were unsure if the NSA's programs could be considered constitutional. They threatened to resign over the matter, but ultimately the NSA's programs continued.<ref>{{cite book|title=President George W. Bush's Influence Over Bureaucracy and Policy|last=Provost|first=Colin|publisher=Palgrave Macmillan|year=2009|isbn=978-0-230-60954-9|pages=[https://archive.org/details/presidentgeorgew0000unse/page/94 94–99]|url=https://archive.org/details/presidentgeorgew0000unse/page/94}}</ref> On March 11, 2004, President Bush signed a new authorization for mass surveillance of Internet records, in addition to the surveillance of phone records. This allowed the president to be able to override laws such as the [[Foreign Intelligence Surveillance Act]], which protected civilians from mass surveillance. In addition to this, President Bush also signed that the measures of mass surveillance were also retroactively in place.<ref name=NYTimes2015-09-20 /><ref name="NYTWarrantless">[[James Risen]] & [[Eric Lichtblau]] (December 16, 2005), [https://www.nytimes.com/2005/12/16/politics/16program.html Bush Lets U.S. Spy on Callers Without Courts] {{Webarchive|url=https://web.archive.org/web/20150524040621/http://www.nytimes.com/2005/12/16/politics/16program.html |date=2015-05-24 }}, ''The New York Times''</ref> | ||
One such surveillance program, authorized by the U.S. Signals Intelligence Directive 18 of President George Bush, was the Highlander Project undertaken for the National Security Agency by the U.S. Army [[513th Military Intelligence Brigade]]. NSA relayed telephone (including cell phone) conversations obtained from ground, airborne, and satellite monitoring stations to various U.S. Army Signal Intelligence Officers, including the [[201st Expeditionary Military Intelligence Brigade|201st Military Intelligence Battalion]]. Conversations of citizens of the U.S. were intercepted, along with those of other nations.<ref>{{cite web |url=http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB23/index2.html |title=Gwu.edu |publisher=Gwu.edu |access-date=October 9, 2013 |archive-date=June 2, 2010 |archive-url=https://web.archive.org/web/20100602002703/http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB23/index2.html |url-status=live }}</ref> | One such surveillance program, authorized by the U.S. Signals Intelligence Directive 18 of President George Bush, was the Highlander Project undertaken for the National Security Agency by the U.S. Army [[513th Military Intelligence Brigade]]. NSA relayed telephone (including cell phone) conversations obtained from ground, airborne, and satellite monitoring stations to various U.S. Army Signal Intelligence Officers, including the [[201st Expeditionary Military Intelligence Brigade|201st Military Intelligence Battalion]]. Conversations of citizens of the U.S. were intercepted, along with those of other nations.<ref>{{cite web |url=http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB23/index2.html |title=Gwu.edu |publisher=Gwu.edu |access-date=October 9, 2013 |archive-date=June 2, 2010 |archive-url=https://web.archive.org/web/20100602002703/http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB23/index2.html |url-status=live }}</ref> | ||
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The very same day, an NSA clerk-messenger committed [[suicide]] as ongoing investigations disclosed that he had sold secret information to the Soviets regularly. The reluctance of congressional houses to look into these affairs prompted a journalist to write, "If a similar series of tragic blunders occurred in any ordinary agency of Government an aroused public would insist that those responsible be officially censured, demoted, or fired." [[David Kahn (writer)|David Kahn]] criticized the NSA's tactics of concealing its doings as smug and the Congress' blind faith in the agency's right-doing as shortsighted, and pointed out the necessity of surveillance by the Congress to prevent abuse of power.<ref name="Kahn" /> | The very same day, an NSA clerk-messenger committed [[suicide]] as ongoing investigations disclosed that he had sold secret information to the Soviets regularly. The reluctance of congressional houses to look into these affairs prompted a journalist to write, "If a similar series of tragic blunders occurred in any ordinary agency of Government an aroused public would insist that those responsible be officially censured, demoted, or fired." [[David Kahn (writer)|David Kahn]] criticized the NSA's tactics of concealing its doings as smug and the Congress' blind faith in the agency's right-doing as shortsighted, and pointed out the necessity of surveillance by the Congress to prevent abuse of power.<ref name="Kahn" /> | ||
[[Edward Snowden]]'s leaking of the existence of [[PRISM (surveillance program)|PRISM]] in 2013 caused the NSA to institute a "[[two-man rule]]", where two system administrators are required to be present when one accesses certain sensitive information.<ref name=DrewSengupta>{{cite news|author1=Drew, Christopher|author2=Somini Sengupta|name-list-style=amp|url=https://www.nytimes.com/2013/06/24/technology/nsa-leak-puts-focus-on-system-administrators.html|title=N.S.A. Leak Puts Focus on System Administrators|work= | [[Edward Snowden]]'s leaking of the existence of [[PRISM (surveillance program)|PRISM]] in 2013 caused the NSA to institute a "[[two-man rule]]", where two system administrators are required to be present when one accesses certain sensitive information.<ref name=DrewSengupta>{{cite news|author1=Drew, Christopher|author2=Somini Sengupta|name-list-style=amp|url=https://www.nytimes.com/2013/06/24/technology/nsa-leak-puts-focus-on-system-administrators.html|title=N.S.A. Leak Puts Focus on System Administrators|work=The New York Times|date=June 24, 2013|access-date=June 25, 2013|archive-date=June 25, 2013|archive-url=https://web.archive.org/web/20130625074056/http://www.nytimes.com/2013/06/24/technology/nsa-leak-puts-focus-on-system-administrators.html|url-status=live}}</ref> Snowden claims he suggested such a rule in 2009.<ref name=edaccomplished>{{cite news|url=https://www.washingtonpost.com/world/national-security/edward-snowden-after-months-of-nsa-revelations-says-his-missions-accomplished/2013/12/23/49fc36de-6c1c-11e3-a523-fe73f0ff6b8d_story.html|title=Edward Snowden, after months of NSA revelations, says his mission's accomplished|author=Barton Gellman|newspaper=The Washington Post|date=December 25, 2013|access-date=June 7, 2024|archive-date=December 1, 2015|archive-url=https://web.archive.org/web/20151201015330/https://www.washingtonpost.com/world/national-security/edward-snowden-after-months-of-nsa-revelations-says-his-missions-accomplished/2013/12/23/49fc36de-6c1c-11e3-a523-fe73f0ff6b8d_story.html|url-status=live}}</ref> | ||
==== Polygraphing ==== | ==== Polygraphing ==== | ||
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{{See also|NSA warrantless surveillance (2001–2007)}} | {{See also|NSA warrantless surveillance (2001–2007)}} | ||
On December 16, 2005, '' | On December 16, 2005, ''The New York Times'' reported that under [[White House]] pressure and with an [[executive order]] from President [[George W. Bush]], the National Security Agency, in an attempt to thwart terrorism, had been tapping phone calls made to persons outside the country, without obtaining [[warrant (law)|warrants]] from the [[United States Foreign Intelligence Surveillance Court]], a secret court created for that purpose under the [[Foreign Intelligence Surveillance Act]] (FISA).<ref name="NYTWarrantless"/> | ||
===[[Edward Snowden]]=== | ===[[Edward Snowden]]=== | ||
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=== Section 215 metadata collection === | === Section 215 metadata collection === | ||
On April 25, 2013, the NSA obtained a court order requiring [[Verizon]]'s Business Network Services to provide [[metadata]] on all calls in its system to the NSA "on an ongoing daily basis" for three months, as reported by ''[[The Guardian]]'' on June 6, 2013. This information includes "the numbers of both parties on a call ... location data, call duration, unique identifiers, and the time and duration of all calls" but not "[t]he contents of the conversation itself". The order relies on the so-called "business records" provision of the Patriot Act.<ref>{{cite news|author=Glenn Greenwald|title=Revealed: NSA collecting phone records of millions of Americans daily|url=https://www.theguardian.com/world/2013/jun/06/nsa-phone-records-verizon-court-order|access-date=June 6, 2013|location=London|work=The Guardian|date=June 6, 2013|author-link=Glenn Greenwald|archive-date=October 12, 2019|archive-url=https://web.archive.org/web/20191012153115/https://www.theguardian.com/world/2013/jun/06/nsa-phone-records-verizon-court-order|url-status=live}}</ref><ref name=NYTimes2013-06-05>{{cite news| url = https://www.nytimes.com/2013/06/06/us/us-secretly-collecting-logs-of-business-calls.html| title = U.S. Is Secretly Collecting Records of Verizon Calls| newspaper = | On April 25, 2013, the NSA obtained a court order requiring [[Verizon]]'s Business Network Services to provide [[metadata]] on all calls in its system to the NSA "on an ongoing daily basis" for three months, as reported by ''[[The Guardian]]'' on June 6, 2013. This information includes "the numbers of both parties on a call ... location data, call duration, unique identifiers, and the time and duration of all calls" but not "[t]he contents of the conversation itself". The order relies on the so-called "business records" provision of the Patriot Act.<ref>{{cite news|author=Glenn Greenwald|title=Revealed: NSA collecting phone records of millions of Americans daily|url=https://www.theguardian.com/world/2013/jun/06/nsa-phone-records-verizon-court-order|access-date=June 6, 2013|location=London|work=The Guardian|date=June 6, 2013|author-link=Glenn Greenwald|archive-date=October 12, 2019|archive-url=https://web.archive.org/web/20191012153115/https://www.theguardian.com/world/2013/jun/06/nsa-phone-records-verizon-court-order|url-status=live}}</ref><ref name=NYTimes2013-06-05>{{cite news| url = https://www.nytimes.com/2013/06/06/us/us-secretly-collecting-logs-of-business-calls.html| title = U.S. Is Secretly Collecting Records of Verizon Calls| newspaper = The New York Times| date = 2013-06-05| author = [[Charlie Savage (author)|Charlie Savage]], Edward Wyatt| access-date = 2024-06-07| archive-date = 2024-05-12| archive-url = https://web.archive.org/web/20240512131030/https://www.nytimes.com/2013/06/06/us/us-secretly-collecting-logs-of-business-calls.html| url-status = live}}</ref> | ||
In August 2013, following the Snowden leaks, new details about the NSA's data mining activity were revealed. Reportedly, the majority of emails into or out of the United States are captured at "selected communications links" and automatically analyzed for keywords or other "selectors". Emails that do not match are deleted.<ref name="SavageBroaderSifting">{{cite news|url=https://www.nytimes.com/2013/08/08/us/broader-sifting-of-data-abroad-is-seen-by-nsa.html|title=N.S.A. Said to Search Content of Messages to and From U.S|author=Savage, Charlie|date=August 8, 2013|access-date=August 13, 2013|work= | In August 2013, following the Snowden leaks, new details about the NSA's data mining activity were revealed. Reportedly, the majority of emails into or out of the United States are captured at "selected communications links" and automatically analyzed for keywords or other "selectors". Emails that do not match are deleted.<ref name="SavageBroaderSifting">{{cite news|url=https://www.nytimes.com/2013/08/08/us/broader-sifting-of-data-abroad-is-seen-by-nsa.html|title=N.S.A. Said to Search Content of Messages to and From U.S|author=Savage, Charlie|date=August 8, 2013|access-date=August 13, 2013|work=The New York Times|author-link=Charlie Savage (author)|archive-date=August 13, 2013|archive-url=https://web.archive.org/web/20130813023342/https://www.nytimes.com/2013/08/08/us/broader-sifting-of-data-abroad-is-seen-by-nsa.html|url-status=live}}</ref> | ||
The utility of such a massive metadata collection in preventing terrorist attacks is disputed. Many studies reveal the dragnet-like system to be ineffective. One such report, released by the [[New America Foundation]] concluded that after an analysis of 225 terrorism cases, the NSA "had no discernible impact on preventing acts of terrorism."<ref name="washingtonpost2014">Nakashima, Ellen. [https://web.archive.org/web/20140113192921/http://www.washingtonpost.com/world/national-security/nsa-phone-record-collection-does-little-to-prevent-terrorist-attacks-group-says/2014/01/12/8aa860aa-77dd-11e3-8963-b4b654bcc9b2_story.html "NSA phone record collection does little to prevent terrorist attacks, the group says"], ''The Washington Post'', January 12, 2014</ref> | The utility of such a massive metadata collection in preventing terrorist attacks is disputed. Many studies reveal the dragnet-like system to be ineffective. One such report, released by the [[New America Foundation]] concluded that after an analysis of 225 terrorism cases, the NSA "had no discernible impact on preventing acts of terrorism."<ref name="washingtonpost2014">Nakashima, Ellen. [https://web.archive.org/web/20140113192921/http://www.washingtonpost.com/world/national-security/nsa-phone-record-collection-does-little-to-prevent-terrorist-attacks-group-says/2014/01/12/8aa860aa-77dd-11e3-8963-b4b654bcc9b2_story.html "NSA phone record collection does little to prevent terrorist attacks, the group says"], ''The Washington Post'', January 12, 2014</ref> | ||
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In addition to doubts about its effectiveness, many people argue that the collection of metadata is an unconstitutional invasion of privacy. {{As of|2015}}, the collection process remained legal and grounded in the ruling from ''[[Smith v. Maryland]]'' (1979). A prominent opponent of the data collection and its legality is [[U.S. District Judge]] [[Richard J. Leon]], who issued a report in 2013<ref>[https://apps.washingtonpost.com/g/page/world/federal-judge-rules-nsa-program-is-likely-unconstitutional/668/ Federal judge rules NSA program is likely unconstitutional] {{Webarchive|url=https://web.archive.org/web/20170830105413/https://apps.washingtonpost.com/g/page/world/federal-judge-rules-nsa-program-is-likely-unconstitutional/668/ |date=2017-08-30 }}, ''The Washington Post'', December 16, 2013</ref> in which he stated: "I cannot imagine a more 'indiscriminate' and 'arbitrary invasion' than this systematic and high tech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval...Surely, such a program infringes on 'that degree of privacy' that the founders enshrined in the [[Fourth Amendment to the United States Constitution|Fourth Amendment]]". | In addition to doubts about its effectiveness, many people argue that the collection of metadata is an unconstitutional invasion of privacy. {{As of|2015}}, the collection process remained legal and grounded in the ruling from ''[[Smith v. Maryland]]'' (1979). A prominent opponent of the data collection and its legality is [[U.S. District Judge]] [[Richard J. Leon]], who issued a report in 2013<ref>[https://apps.washingtonpost.com/g/page/world/federal-judge-rules-nsa-program-is-likely-unconstitutional/668/ Federal judge rules NSA program is likely unconstitutional] {{Webarchive|url=https://web.archive.org/web/20170830105413/https://apps.washingtonpost.com/g/page/world/federal-judge-rules-nsa-program-is-likely-unconstitutional/668/ |date=2017-08-30 }}, ''The Washington Post'', December 16, 2013</ref> in which he stated: "I cannot imagine a more 'indiscriminate' and 'arbitrary invasion' than this systematic and high tech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval...Surely, such a program infringes on 'that degree of privacy' that the founders enshrined in the [[Fourth Amendment to the United States Constitution|Fourth Amendment]]". | ||
As of May 7, 2015, the United States Court of Appeals for the Second Circuit ruled that the interpretation of Section 215 of the Patriot Act was wrong and that the NSA program that has been collecting Americans' phone records in bulk is illegal.<ref>[https://www.washingtonpost.com/opinions/the-nsa-went-too-far/2015/05/10/02635924-f5aa-11e4-b2f3-af5479e6bbdd_story.html New Rules for the National Security Agency] {{Webarchive|url=https://web.archive.org/web/20230326034649/https://www.washingtonpost.com/opinions/the-nsa-went-too-far/2015/05/10/02635924-f5aa-11e4-b2f3-af5479e6bbdd_story.html |date=2023-03-26 }} by the editorial board on May 10, 2015</ref> It stated that Section 215 cannot be interpreted to allow government to collect national phone data and, as a result, expired on June 1, 2015. This ruling "is the first time a higher-level court in the regular judicial system has reviewed the NSA phone records program."<ref name=NYTimes2015-05-07>{{cite news| url = https://www.nytimes.com/2015/05/08/us/nsa-phone-records-collection-ruled-illegal-by-appeals-court.html| title = N.S.A. Collection of Bulk Call Data is Ruled Illegal| newspaper = | As of May 7, 2015, the United States Court of Appeals for the Second Circuit ruled that the interpretation of Section 215 of the Patriot Act was wrong and that the NSA program that has been collecting Americans' phone records in bulk is illegal.<ref>[https://www.washingtonpost.com/opinions/the-nsa-went-too-far/2015/05/10/02635924-f5aa-11e4-b2f3-af5479e6bbdd_story.html New Rules for the National Security Agency] {{Webarchive|url=https://web.archive.org/web/20230326034649/https://www.washingtonpost.com/opinions/the-nsa-went-too-far/2015/05/10/02635924-f5aa-11e4-b2f3-af5479e6bbdd_story.html |date=2023-03-26 }} by the editorial board on May 10, 2015</ref> It stated that Section 215 cannot be interpreted to allow government to collect national phone data and, as a result, expired on June 1, 2015. This ruling "is the first time a higher-level court in the regular judicial system has reviewed the NSA phone records program."<ref name=NYTimes2015-05-07>{{cite news| url = https://www.nytimes.com/2015/05/08/us/nsa-phone-records-collection-ruled-illegal-by-appeals-court.html| title = N.S.A. Collection of Bulk Call Data is Ruled Illegal| newspaper = The New York Times| date = 2015-05-07| author = [[Charlie Savage (author)|Charlie Savage]], Jonathan Weisman| access-date = 2024-06-07| archive-date = 2024-05-18| archive-url = https://web.archive.org/web/20240518131549/https://www.nytimes.com/2015/05/08/us/nsa-phone-records-collection-ruled-illegal-by-appeals-court.html| url-status = live}}</ref> The replacement law known as the [[USA Freedom Act]], which will enable the NSA to continue to have bulk access to citizens' metadata but with the stipulation that the data will now be stored by the companies themselves.<ref name=NYTimes2015-05-07 /> This change will not have any effect on other Agency procedures—outside of metadata collection—which have purportedly challenged Americans' Fourth Amendment rights,<ref>{{cite web|title=Rand Paul vs. Washington DC on the USA Freedom Act|url=http://hotair.com/standing-athwarth-history-yelling-stop/2015/05/31/rand-paul-vs-washington-dc-on-the-usa-freedom-act/|website=HotAir|access-date=2015-06-02|archive-url=https://web.archive.org/web/20150602001207/http://hotair.com/standing-athwarth-history-yelling-stop/2015/05/31/rand-paul-vs-washington-dc-on-the-usa-freedom-act/|archive-date=2015-06-02|url-status=dead}}</ref> including [[Upstream collection]], a mass of techniques used by the Agency to collect and store American's data/communications directly from the [[Internet backbone]].<ref name=slides>Top Level Telecommunications, [http://electrospaces.blogspot.com/2014/01/slides-about-nsas-upstream-collection.html Slides about NSA's Upstream collection] {{Webarchive|url=https://web.archive.org/web/20191108055615/https://electrospaces.blogspot.com/2014/01/slides-about-nsas-upstream-collection.html |date=2019-11-08 }}, January 17, 2014</ref> | ||
Under the Upstream collection program, the NSA paid telecommunications companies hundreds of millions of dollars in order to collect data from them.<ref>[https://www.washingtonpost.com/world/national-security/nsa-paying-us-companies-for-access-to-communications-networks/2013/08/29/5641a4b6-10c2-11e3-bdf6-e4fc677d94a1_story.html NSA paying U.S. companies for access to communications networks] {{Webarchive|url=https://web.archive.org/web/20140328125616/http://www.washingtonpost.com/world/national-security/nsa-paying-us-companies-for-access-to-communications-networks/2013/08/29/5641a4b6-10c2-11e3-bdf6-e4fc677d94a1_story.html |date=2014-03-28 }} by Craig Timberg and Barton Gellman on August 29, 2013</ref> While companies such as Google and Yahoo! claim that they do not provide "direct access" from their servers to the NSA unless under a court order,<ref>[http://www.digitalspy.com/tech/news/a487943/nsa-prism-controversy-apple-facebook-google-more-deny-knowledge.html#~pbKCS2AUgt8krC NSA PRISM Controversy: Apple, Facebook, Google, more deny knowledge] {{Webarchive|url=https://web.archive.org/web/20151016020520/http://www.digitalspy.com/tech/news/a487943/nsa-prism-controversy-apple-facebook-google-more-deny-knowledge.html#~pbKCS2AUgt8krC |date=2015-10-16 }} by Digital Spy on June 6, 2013</ref> the NSA had access to emails, phone calls, and cellular data users.<ref>[https://www.theguardian.com/world/2014/feb/03/microsoft-facebook-google-yahoo-fisa-surveillance-requests Microsoft, Facebook, Google and Yahoo release US surveillance requests] {{Webarchive|url=https://web.archive.org/web/20170106175615/https://www.theguardian.com/world/2014/feb/03/microsoft-facebook-google-yahoo-fisa-surveillance-requests |date=2017-01-06 }} by Spencer Ackerman and Dominic Rushe on February 3, 2014</ref> Under this new ruling, telecommunications companies maintain bulk user metadata on their servers for at least 18 months, to be provided upon request to the NSA.<ref name=NYTimes2015-05-07 /> This ruling made the mass storage of specific phone records at NSA datacenters illegal, but it did not rule on Section 215's constitutionality.<ref name=NYTimes2015-05-07 /> | Under the Upstream collection program, the NSA paid telecommunications companies hundreds of millions of dollars in order to collect data from them.<ref>[https://www.washingtonpost.com/world/national-security/nsa-paying-us-companies-for-access-to-communications-networks/2013/08/29/5641a4b6-10c2-11e3-bdf6-e4fc677d94a1_story.html NSA paying U.S. companies for access to communications networks] {{Webarchive|url=https://web.archive.org/web/20140328125616/http://www.washingtonpost.com/world/national-security/nsa-paying-us-companies-for-access-to-communications-networks/2013/08/29/5641a4b6-10c2-11e3-bdf6-e4fc677d94a1_story.html |date=2014-03-28 }} by Craig Timberg and Barton Gellman on August 29, 2013</ref> While companies such as Google and Yahoo! claim that they do not provide "direct access" from their servers to the NSA unless under a court order,<ref>[http://www.digitalspy.com/tech/news/a487943/nsa-prism-controversy-apple-facebook-google-more-deny-knowledge.html#~pbKCS2AUgt8krC NSA PRISM Controversy: Apple, Facebook, Google, more deny knowledge] {{Webarchive|url=https://web.archive.org/web/20151016020520/http://www.digitalspy.com/tech/news/a487943/nsa-prism-controversy-apple-facebook-google-more-deny-knowledge.html#~pbKCS2AUgt8krC |date=2015-10-16 }} by Digital Spy on June 6, 2013</ref> the NSA had access to emails, phone calls, and cellular data users.<ref>[https://www.theguardian.com/world/2014/feb/03/microsoft-facebook-google-yahoo-fisa-surveillance-requests Microsoft, Facebook, Google and Yahoo release US surveillance requests] {{Webarchive|url=https://web.archive.org/web/20170106175615/https://www.theguardian.com/world/2014/feb/03/microsoft-facebook-google-yahoo-fisa-surveillance-requests |date=2017-01-06 }} by Spencer Ackerman and Dominic Rushe on February 3, 2014</ref> Under this new ruling, telecommunications companies maintain bulk user metadata on their servers for at least 18 months, to be provided upon request to the NSA.<ref name=NYTimes2015-05-07 /> This ruling made the mass storage of specific phone records at NSA datacenters illegal, but it did not rule on Section 215's constitutionality.<ref name=NYTimes2015-05-07 /> | ||
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== Notes == | == Notes == | ||
{{Reflist|refs= | {{Reflist|refs= | ||
<ref name=NYTimes2015-09-20>{{cite news| url = https://www.nytimes.com/2015/09/21/us/politics/george-w-bush-made-retroactive-nsa-fix-after-hospital-room-showdown.html?_r=1| title = George W. Bush Made Retroactive N.S.A. 'Fix' After Hospital Room Showdown| newspaper = | <ref name=NYTimes2015-09-20>{{cite news| url = https://www.nytimes.com/2015/09/21/us/politics/george-w-bush-made-retroactive-nsa-fix-after-hospital-room-showdown.html?_r=1| title = George W. Bush Made Retroactive N.S.A. 'Fix' After Hospital Room Showdown| newspaper = The New York Times| date = 2015-09-20| author = Charlie Savage| author-link = Charlie Savage (author)| access-date = 2024-06-07| archive-date = 2024-05-12| archive-url = https://web.archive.org/web/20240512124131/https://www.nytimes.com/2015/09/21/us/politics/george-w-bush-made-retroactive-nsa-fix-after-hospital-room-showdown.html?_r=1| url-status = live}}</ref> | ||
}} | }} | ||
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** [https://www.archives.gov/files/declassification/iscap/pdf/2013-114-doc1.pdf Mandatory Declassification Review] {{Webarchive|url=https://web.archive.org/web/20240512130150/https://www.archives.gov/files/declassification/iscap/pdf/2013-114-doc1.pdf |date=2024-05-12 }} – [[Interagency Security Classification Appeals Panel]] | ** [https://www.archives.gov/files/declassification/iscap/pdf/2013-114-doc1.pdf Mandatory Declassification Review] {{Webarchive|url=https://web.archive.org/web/20240512130150/https://www.archives.gov/files/declassification/iscap/pdf/2013-114-doc1.pdf |date=2024-05-12 }} – [[Interagency Security Classification Appeals Panel]] | ||
* [[James Bamford|Bamford, James]], ''[[The Puzzle Palace (book)|The Puzzle Palace]]'', Penguin Books, 1982, {{ISBN|0-14-006748-5}}. | * [[James Bamford|Bamford, James]], ''[[The Puzzle Palace (book)|The Puzzle Palace]]'', Penguin Books, 1982, {{ISBN|0-14-006748-5}}. | ||
* [[James Bamford|Bamford, James]], "[https://www.nytimes.com/2005/12/25/weekinreview/25bamford.html The Agency That Could Be Big Brother] {{Webarchive|url=https://web.archive.org/web/20150302033537/http://www.nytimes.com/2005/12/25/weekinreview/25bamford.html |date=2015-03-02 }}", '' | * [[James Bamford|Bamford, James]], "[https://www.nytimes.com/2005/12/25/weekinreview/25bamford.html The Agency That Could Be Big Brother] {{Webarchive|url=https://web.archive.org/web/20150302033537/http://www.nytimes.com/2005/12/25/weekinreview/25bamford.html |date=2015-03-02 }}", ''The New York Times'', December 25, 2005. | ||
* Bamford, James, ''[[The Shadow Factory]]'', Anchor Books, 2009, {{ISBN|978-0-307-27939-2}}. | * Bamford, James, ''[[The Shadow Factory]]'', Anchor Books, 2009, {{ISBN|978-0-307-27939-2}}. | ||
* Budiansky, Stephen (2017). ''Code Warriors: NSA's Codebreakers and the Secret Intelligence War Against the Soviet Union''. {{ISBN|978-080-417-097-0}}. | * Budiansky, Stephen (2017). ''Code Warriors: NSA's Codebreakers and the Secret Intelligence War Against the Soviet Union''. {{ISBN|978-080-417-097-0}}. | ||