NSA issues non-denial denial of infiltrating Google and Yahoo’s networks

TechDirt: While NSA boss Keith Alexander issued a misleading denial of this morning’s report of how the NSA has infiltrated Yahoo and Google’s networks by hacking into their private network connections between datacenters, the NSA has now come out with its official statement which is yet another typical non-denial denial. They deny things that weren’t quite said while refusing to address the actual point:

NSA has multiple authorities that it uses to accomplish its mission, which is centered on defending the nation. The Washington Post’s assertion that we use Executive Order 12333 collection to get around the limitations imposed by the Foreign Intelligence Surveillance Act and FAA 702 is not true.

The assertion that we collect vast quantities of US persons’ data from this type of collection is also not true. NSA applies attorney general-approved processes to protect the privacy of US persons – minimizing the likelihood of their information in our targeting, collection, processing, exploitation, retention, and dissemination.

NSA is a foreign intelligence agency. And we’re focused on discovering and developing intelligence about valid foreign intelligence targets only.

Note what is missing from all of this. They do not deny hacking into the data center connection lines outside of the US. They do not deny getting access to all that data, especially on non-US persons. As for the claim that they’re protecting the privacy of US persons, previous statements from Robert Litt, the general counsel for the Office of the Director of National Intelligence, have already made it clear that if they collect info on Americans, they’re going to use this loophole to search them:

“If we’re validly targeting foreigners and we happen to collect communications of Americans, we don’t have to close our eyes to that,” Litt said. “I’m not aware of other situations where once we have lawfully collected information, we have to go back and get a warrant to look at the information we’ve already collected.”

So, for all the claims that this kind of information will be “minimized,” it certainly looks like they’ve already admitted they don’t do that. [Continue reading…]

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