wsj | The NSA is focused on collecting foreign intelligence, but the
streams of data it monitors include both foreign and domestic
communications. Inevitably, officials say, some U.S. Internet
communications are scanned and intercepted, including both "metadata"
about communications, such as the "to" and "from" lines in an email, and
the contents of the communications themselves.
Much, but not all, of the data is discarded, meaning some
communications between Americans are stored in the NSA's databases,
officials say. Some lawmakers and civil libertarians say that, given the
volumes of data NSA is examining, privacy protections are insufficient.
Sen. Ron Wyden, an Oregon Democrat, in 2012 sought but failed to
prohibit the agency from searching its databases for information on
Americans without a warrant. He has also pushed intelligence agencies to
detail how many Americans' communications have been collected and to
explain whether purely domestic communications are retained in NSA's
databanks. They have declined.
"Technology is moving us swiftly into a world where the only barriers
to this kind of dragnet surveillance are the protections enshrined into
law," Mr. Wyden says.
This month President Barack Obama proposed changes to NSA
surveillance to improve oversight. Those proposed changes wouldn't alter
the systems in the U.S. that NSA relies upon for some of its most
sensitive surveillance.
The systems operate like this: The NSA asks telecom companies to send
it various streams of Internet traffic it believes most likely to
contain foreign intelligence. This is the first cut of the data.
These requests don't ask for all Internet traffic. Rather, they focus
on certain areas of interest, according to a person familiar with the
legal process. "It's still a large amount of data, but not everything in
the world," this person says.
The second cut is done by NSA. It briefly copies the traffic and
decides which communications to keep based on what it calls "strong
selectors"—say, an email address, or a large block of computer addresses
that correspond to an organization it is interested in. In making these
decisions, the NSA can look at content of communications as well as
information about who is sending the data.
One U.S. official says the agency doesn't itself "access" all the
traffic within the surveillance system. The agency defines access as
"things we actually touch," this person says, pointing out that the
telecom companies do the first stage of filtering.
The surveillance system is built on relationships with
telecommunications carriers that together cover about 75% of U.S.
Internet communications. They must hand over what the NSA asks for under
orders from the secret Foreign Intelligence Surveillance Court. The
firms search Internet traffic based on the NSA's criteria, current and
former officials say. Fist tap Arnach.
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