After LinkedIn Clues, FOIA Nets New Details On NSA's ANCHORY Program 75
v3rgEz writes "After the ACLU's Christopher Soghoian highlighted NSA programs listed on LinkedIn, Jason Gulledge filed a request for details about the program — and turned up lucky. The NSA released 7 pages of database descriptions of its ANCHORY program, an open-source intelligence data gathering effort. The NSA's FOIA office said it would pony up more, but only if Gulledge could prove he was requesting the documents as part of a news gathering effort or if he would agree to pay associated fees."
Calling the surpreme court... (Score:2)
news gathering effort
We're gonna need the 9 wise men/women to define "news". Otherwise he could claim something like "I'm writing for my news blog..."
Why? (Score:1)
Does the FOIA even allow for such distinction?
Re:Why? (Score:5, Informative)
"or if he would agree to pay associated fees."
FOIA does allow for this - it's not carte blanche to bankrupt the government with stupid requests for metric tons of paper. FOIA has always allowed for this - they will often waive the fees for 'news stories,' but will charge fees associated with the processing of the requests for private requests.
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I would have assumed that anything from the NSA in the current climate would constitute as news. Even if it is just a news catalogue.
He should just say "I solemnly swear that I will post it on the net".
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And he should definitely make that argument. As long as the disclosure is "in the public interest" and "not for the commercial benefit of the requester," the FOI Officer can opt to reduce or waive the FOIA processing fees. See the rules at: http://www.hhs.gov/foia/45cfr5.html#Subd [hhs.gov]
Alternately, he could start a Kickstarter project, and ask for donations. I bet there'd be plenty of people who would contribute a few bucks to covering the processing fees the NSA is asking for.
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Kickstarter doesn't allow for charities, and is VERY strict about what gets on there. I seem to remember reading a 60% approval rate including projects who appeal the initial rejection.
The spirit of that idea is fantastic though...surely there is another solid crowdfunding site.
mod up informative (Score:2)
Wish I had mod points. Thanks for posting this. Useful.
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Well, IANACL but, to this citizen allowing such a law or precedent would be tantamount to installing a back door into the First Amendment, for if the Government can say who is or isn't a member of the Press then there is NO Freedom of the Press! This is how the Second Amendment has been succumbing to erosion. There is not now, never has been and never will be a law that does not take something away from Freedom.
Re:Calling the surpreme court... (Score:5, Insightful)
Journalist = persons who transmit info from a government authorized leaker
Not a journalist = person who transmits info from non-government authorized leaker
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Don't you really mean:
Journalist = persons who transmit info from a government authorized leaker
Terrorist = person who transmits info from non-government authorized leaker
Re:Calling the surpreme court... (Score:5, Insightful)
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you dont need nine, just five and the rest could be prairie dogs as far as the law is concerned... as long as nobody knows they are prairie dogs. <_<;
Prove why? (Score:5, Informative)
WTH is that about? I'm an American and i want to know what my government is doing. .That should be valid enough of a reason.
Fees and "news" (Score:5, Informative)
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Ex-CIA chief Michael Hayden thinks transparency is not a virtue. That is, as long as we're talking about goverment transparency, and not yours.
The Criminals In Action think transporting heroin from Afghanistan to America without repurcussions or paying taxes is the perfect business model. Why would you believe anything they say?
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Well no, unfortunately the US has things such as laws and prisons that prevent it from being a 'free society'. If you truly want to live in a free society, where citizens are free to di as they please, try Somalia or something.
Most of us think of "free society" as meaning "free to do as you please, and travel where you want". You're still a member of a free society if you impinge on other people's freedoms and they take your own freedom in response. I.e.: if you deprive someone else of life, liberty, or the pursuit of happiness (including their accumulated material goods), you disrupt the equation and a balance is demanded.
"Travel where you want" is rather shaky in the USA these days, however, since "free society" does NOT imply
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It shouldn't be that hard or expensive, they already have lots of computers to search for data.
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Complying with FOIA requests can be expensive
Keeping your political system healthy has a price.
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"Everything is classified." If you looked at the original article, you would see this is not true. It was marked U//FOUO, which you can look up in Wikipedia if your fingers can walk that far.
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I'm trying to figure out who isn't press. (Score:1)
It seems that the way we use digital methods to publish even these silly posts on Slashdot would qualify as a free press. Whenever you hit "submit", you are publishing. Period. Even if you're a complete jackass, a troll, a spammer, or a botnet.
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It seems to me that the professional journalists are more likely than just about anyone else to use these for financial gain, and I don't see that the first amendment allows the government to differentiate based on fiscal incentive for the requesting parties.
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It seems that the way we use digital methods to publish even these silly posts on Slashdot would qualify as a free press. Whenever you hit "submit", you are publishing. Period. Even if you're a complete jackass, a troll, a spammer, or a botnet.
And, in fact, look at the bottom of the page, and you'll notice that whatever you post is copyrighted.
Although a really complete jackass shouldn't be wasting time here. That's what talk radio is for. Why be a jackass for free when you can make millions doing it?
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Being a complete jackass doesn't guarantee a person has ambition. I've known an awful lot of lazy jackasses.
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Being a complete jackass doesn't guarantee a person has ambition. I've known an awful lot of lazy jackasses.
But you can be a fat, lazy, drug-sozzled idiot who spends 2 hours a day or so yakking on the radio and own a mansion in Palm Beach. We have living proof of that!
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We have several television channels that exist specifically so people with the same fine character traits on the opposite end of the political spectrum can do exactly the same thing, so I'm not going to join you in singling out a single radio host when there are so many worse people out there. Rev. Sharpton comes to mind.
send up the batsignal (Score:2, Interesting)
"if he would agree to pay associated fees."
If this isn't a kickstarter that gets funded in 45 minutes, we are doomed as a nation. Finally, a way for Kickstarter to get back in the good graces of the internet after that whole "Veronica Mars" thing.
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Only if the NSA is willing to sign, notarize, etc. a document clearly spelling out exactly how much is required, to whom it must be paid, when, etc.
Otherwise : I am altering the deal. Pray I do not alter it any further.
Lucky? (Score:2)
It says a lot about the esteem our government is held in when requesting information about how our tax dollars are being spent, upon reply, is considered equivalent to winning the lottery. Bonus: The NSA will only give additional documentation without charge if you claim you're a journalist. Mere citizenship is not enough!
Re:Lucky? (Score:5, Interesting)
They complied with the request, they sent him the information, and they told him that he could get more. As part of a FOIA request, the agency can charge a fee, http://www.foia.gov/faq.html#cost [foia.gov].
There is no initial fee required to submit a FOIA request, but the FOIA does provide for the charging of certain types of fees in some instances. For a typical requester the agency can charge for the time it takes to search for records and for duplication of those records. There is usually no charge for the first two hours of search time or for the first 100 pages of duplication.
They say that they will waive the fee if the information is in the public interest, and that the requester has no financial interest in the matter, http://www.foia.gov/faq.html#fees [foia.gov]. In short, this rule appears to exist to narrow the search.
You may request a waiver of fees. Under the FOIA fee waivers are limited to situations in which a requester can show that the disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester.
These rules are quite reasonable and appear to exist so that you can't just say "Tell me everything that the NSA knows about semantic processing" and expect the taxpayer to foot the bill. His request appears to be of the "tell me everything about this project" nature, which can be a time-consuming effort. They prepared a 7-page manuscript for him, with his/our taxpayer dollars. I find their actions reasonable.
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License? (Score:3)
If is open source, under which license? If is agpl, as is used on all of us, should it be released to public?
Anyway, is not that US government cares about intellectual property of others.
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You're welcome [wikipedia.org].
Re:License? (Score:5, Informative)
(IAA Intelligence Analyst)
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Open source has another meaning in the intelligence community. Open source refers to unclassified information, such as the internet, newspapers, and other media. It's used as opposed to signals intelligence (SIGINT), human intelligence (HUMINT), etc. Often referred to as Open Source Intelligence (OSINT).
I worked with FBIS in the 70's down in Key West. Cuban TV was pretty cool and totally uncensored when they showed US movies. Fidel had a thing about 'Smokey and the Bandit".
http://en.wikipedia.org/wiki/Foreign_Broadcast_Information_Service [wikipedia.org]
Open source spying program? (Score:5, Funny)
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Well at least something good came out of the NSA then...
Yes, some open-source software [nsa.gov] did come from the NSA.
However, as others have [slashdot.org] noted [slashdot.org], this is a different meaning of "open source".
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Exploded from hatred of Open Source?
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A couple years ago he came to my university to talk about, well.. free software. When he finished his presentation, he would take some questions from the audience to answer. The conference room was full, so It was great to hear doubts and questions answered by sir RMS.
So, I asked him something like "Is it okay to use free software for military purpose?". To my surprise he said yes.
Great Isn't it? If a missile is going to be conducted by software, it should be free software! privative software is EVIL!!
My op
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1 Banana (Score:2)
Republic.
Can See You.
Say. Oh.
Become a freelancer (Score:2)
He should submit a snarky OpEd to the NY Times (or better yet The Register) detailing the hoops US citizens have to jump through to get information from their government. If sufficiently well written he would stand a good chance of getting published. As a now bona fide journalist, he could be granted the remaining information for further publication.