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The NSA apparently believed that it had the authority to search the telephone records
database in order to obtain the 'reasonable articulable suspicion' required to investigate
those numbers. Essentially, they were conducting suspicionless searches to obtain the
suspicion the FISA court required to conduct searches.
Out of the 17,000 numbers that the NSA held, only 1,800 were listed as
Reasonable Articulable suspicion
From Government Releases NSA Surveillance Docs and Previously Secret FISA Court
Opinions In Response to EFF Lawsuit by Trevor Timm published on the Electronic
Frontier Foundation
According to intelligence officials, this FISA court opinion focuses on the NSA's use of
an "alert list" which is a list of "phone numbers of interest" that they queried every day
as new data came into their phone records database. The court had told the NSA they
were only allowed to query numbers that had "reasonable articulable suspicion (RAS)"
of being involved in terrorism. Apparently, out of the more than 17,000 numbers on this
list in 2009, the NSA only had RAS for 1,800 of them.
Trevor Timm is an activist at the Electronic Frontier Foundation. He specializes in
surveillance, free speech, and government transparency issues. He graduated from
Northeastern University and has a J.D. from New York Law School.
https://www.eff.org/deeplinks/2013/09/government-releases-nsa-surveillance-docs-andpreviously-secret-fisa-court
Incredibly, intelligence officials said today that no one at the NSA fully understood how
its own surveillance system worked at the time so they could not adequately explain it to
the court. This is a breathtaking admission: the NSA's surveillance apparatus, for years,
was so complex and compartmentalized that no single person could comprehend it.
Trevor Timm is an activist at the Electronic Frontier Foundation. He specializes in
surveillance, free speech, and government transparency issues. He graduated from
Northeastern University and has a J.D. from New York Law School.
https://www.eff.org/deeplinks/2013/09/government-releases-nsa-surveillance-docs-andpreviously-secret-fisa-court
Senator Mark Udell says theres nothing that prohibits the Intelligence community
from searching metadata
From U.S., British intelligence mining data from nine U.S. Internet companies in broad
secret program by Barton Gellmen, published on the Washington Post, June 7th 2013
As it is written, there is nothing to prohibit the intelligence community from searching
through a pile of communications, which may have been incidentally or accidentally been
collected without a warrant, to deliberately search for the phone calls or e-mails of
specific Americans,
Barton Gellmen has twice won the Pulitzer Prize In 2010 he left The Washington Post to
begin a new book project and take up a position as contributing editor at large for TIME
magazine.
http://www.washingtonpost.com/investigations/us-intelligence-mining-data-from-nineus-internet-companies-in-broad-secret-program/2013/06/06/3a0c0da8-cebf-11e2-8845d970ccb04497_story_2.html