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FBI Quietly Changes Its Privacy Rules For Accessing NSA Data On Americans (theguardian.com) 49

An anonymous reader writes: The FBI has quietly revised its privacy rules for searching data involving Americans' international communications that was collected by the NSA, U.S. officials have confirmed to the Guardian. The classified revisions were accepted by the secret U.S. court that governs surveillance, during its annual recertification of the agencies' broad surveillance powers. The new rules affect a set of powers colloquially known as Section 702, the portion of the law that authorizes the NSA's sweeping "Prism" program to collect internet data. Section 702 falls under the Foreign Intelligence Surveillance Act, and is a provision set to expire later this year. A government civil liberties watchdog, the Privacy and Civil Liberties Oversight Board, alluded to the change in its recent overview of ongoing surveillance practices. The PCLOB's new compliance report, released last month, found that the administration has submitted "revised FBI minimization procedures" that address at least some of the group's concerns about "many" FBI agents who use NSA-gathered data. Sharon Bradford Franklin, a spokesperson for the PCLOB, said the rule changes move to enhance privacy. She could not say when the rules actually changed -- that, too, is classified. Last February, a compliance audit alluded to imminent changes to the FBI's freedom to search the data for Americans' identifying information. "FBI's minimization procedures will be updated to more clearly reflect the FBI's standard for conducting U.S. person queries and to require additional supervisory approval to access query results in certain circumstances," the review stated. The reference to "supervisory approval" suggests the FBI may not require court approval for their searches -- unlike the new system Congress enacted last year for NSA or FBI acquisition of U.S. phone metadata in terrorism or espionage cases.
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FBI Quietly Changes Its Privacy Rules For Accessing NSA Data On Americans

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  • by WillAffleckUW ( 858324 ) on Tuesday March 08, 2016 @06:54PM (#51662625) Homepage Journal

    The sad thing is, it's only Americans who are serfs in America. Canadian and citizens of the EU have real privacy rights guaranteed by US/Canada and US/EU data treaties, which are binding.

    They can even sue for their rights.

    You can't.

    Oh, wait, serfs had the right of appeal. You don't even have that.

    • by Anonymous Coward

      What's your point? Just because treaties prevent the US from spying on EU and Canadian citizens doesn't mean those people have privacy. Those countries do plenty of spying on their own citizens. No member of the Five Eyes or, as Snowden has leaked evidence of, the Fourteen Eyes can be trusted to respect the privacy of their citizens. That includes Canada and a significant portion of the EU. Furthermore, just because international treaties make it illegal for the US to spy on some foreign citizens doesn't me

  • Fightclub, Is, Secret, Alright?
  • by fuzzyfuzzyfungus ( 1223518 ) on Tuesday March 08, 2016 @07:32PM (#51662849) Journal
    So a secret court stamped 'legal' on a classified set of rules governing what access the FBI has to the data that the NSA officially does not collect?

    I think, comrade, that we might have made an error somewhere in the process of implementing this 'representative government' concept...
    • by jhol13 ( 1087781 )

      I cannot understand how USA got a secret court. Proposing something like that back here in EU would (in most countries) mean political suiciside. I cannot imagine anyone (from far left to far right to anarchists to greens to intelligence agency to ...) with the slightest credibility advocating such a beast here in Finland. Not at least publicly.

  • You know, the really positive takeaway is that we're hearing about this nonsense and it is totally correctable. These people work for us.

    The team that's implementing these "classified revisions" just needs to have it explained to them that we don't want security in exchange for reduced freedom.

  • Section 702 facilitates targeting and collection on non-US Persons outside the United States [tumblr.com] whose communications enters, traverses, or otherwise touches the United States, as over 70% of international internet traffic does, or as does any non-US Person outside the US using any US-based cloud or internet service.

    Where US Persons come in is because US corporations and organizations are also "US Persons" [nsa.gov]. But if we suddenly say that doing foreign intelligence collection on non-US Persons outside the US shou

  • by bloodhawk ( 813939 ) on Tuesday March 08, 2016 @09:57PM (#51663659)
    who the fuck wrote this awful summary. was it really that hard to add a little about what the fuck the changes actually are
  • Sharon Bradford Franklin, a spokesperson for the PCLOB, said the rule changes move to enhance privacy. She could not say when the rules actually changed -- that, too, is classified

    Did anyone else's next-word predictor colour 'enhance' as 'eliminate' ?

  • Wait, what does this mean for climate change and net neutrality? OH LOOK! A SQUIRREL!
  • Legislation by regulation is lazy law. This is legislation by secret regulations.
    Troubling.

    Regulations are supposed to be reviewed by congress.
    A bunch of lazy or impertinent thugs inserted language that allows regulation
    to pass into the status of law if unchallenged.
    It is impossible to challenge a secret change....

    Kafka is giggling.
    Joseph Heller is giggling.
    George Orwell did not author a plan, don't ya know... it was a cautionary tail.

    Wait someone is knocking on the door.
    I was nine and asked the grandmother

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