"What type of data is the NSA collection of millions or even hundreds of millions of Americans? "
Tye John Napier, a former section chief of the State Department for Internet freedom, took the Washington post to warn Americans about illegal surveillance conducted under 12333 Executive order which "threatens our democracy." There are, in theory, "integrated safeguards" against the bulk collection of the actual audio portion of Americans calls. but the bulk collection of telephone conversations under 12333 Executive Order issued by President Ronald Reagan in 1981, "contains no such protections for people in the United States if the collection takes place outside US borders."
At the end of June, researchers published a paper warning about legal gaps in oversight that could be exploited by the government to collect the communications of Americans without a warrant in bulk. Executive Order 12333 was one of the most troubling loopholes that the researchers said "deserves more attention and scrutiny." The government could exploit the 12333 decree deliberately manipulating network traffic Americans in order to be sent by a device located abroad. If the data is abroad, then it might belong to a non-US citizen and be collected in bulk, such as "all Internet traffic (including metadata and content) sent between a pair networks. "
Tye also warned that when the NSA "incidentally" collects communications Americans abroad, the "incidental collection" is "a legal vacuum which can be stretched very wide." Even if the traffic is not manipulated to be sent abroad, communications Americans are often stored beyond US borders on mirror servers. "There is no good reason that American citizens should receive lower privacy and oversight protections simply because their communications are collected on the outside, not within our borders. "
Executive Order 12333 contains nothing to prevent the NSA to collect and store all such communications - content and metadata - if this collection occurs outside the United States in the part of a lawful investigation of foreign intelligence. No warrant or court approval is required , and this collection never needs to be reported to Congress. None of the reforms Obama announced earlier this year will affect this collection
. Read the full article in Network World.
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