Wednesday, June 19, 2013

Overstepping

In recent weeks, there has been an interesting exchange.

The NSA has been caught spying on US citizens.  Their mission statement:

The National Security Agency/Central Security Service (NSA/CSS) leads the U.S. Government in cryptology that encompasses both Signals Intelligence (SIGINT) and Information Assurance (IA) products and services, and enables Computer Network Operations (CNO) in order to gain a decision advantage for the Nation and our allies under all circumstances.



The COMINT mission of the National Security Agency (NSA) shall be to provide an effective, unified organization and control of the communications intelligence activities of the United States conducted against foreign governments, to provide for integrated operational policies and procedures pertaining thereto. As used in this directive, the terms "communications intelligence" or "COMINT" shall be construed to mean all procedures and methods used in the interception of communications other than foreign press and propaganda broadcasts and the obtaining of information from such communications by other than intended recipients, but shall exclude censorship and the production and dissemination of finished intelligence.

both fail to mention "collection of data on US citizens on US soil."

So this guy decides to out the NSA for doing things outside of its given purview.  Good for him.  This is why we have whistle blower laws.

And if we could have just stopped there, I'd have been happy.  Well, not with the NSA, but with Snowden.

Instead, he then went and did this.

Guess what, Mr. Snowden, spying on the Chinese is the NSA's job.  What part of "conducted against foreign governments" did you not understand?

So, to recap for the NSA:

Spying on foreign governments:  Good

Spying on your own countrymen:  Bad


And for Mr. Snowden:

Ratting out illegal spying:  Patriotism

Ratting out legal spying:  Treason.


Of course, the root of the issue is this (also from the original charter):

The special nature of COMINT actives requires that they be treated in all respects as being outside the framework of other or general intelligence activities. Order, directives, policies, or recommendations of any authority of the Executive Branch relating to the collection, production, security, handling, dissemination, or utilization of intelligence, and/or classified material, shall not be applicable to COMINT actives, unless specifically so stated and issued by competent departmental of agency authority represented on the Board. Other National Security Council Intelligence Directive to the Director of Central Intelligence and related implementing directives issued by the Director of Central Intelligence shall be construed as non-applicable to COMINT activities, unless the National Security Council has made its directive specifically applicable to COMINT.

Yes, with one stroke of a pen, Harry S Truman managed to create a government agency with almost zero formal oversight.  One more thing to put on his list of bad ideas.

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