I am continually bemused by those asking for proof that NSA/FBI has targeted "US persons," or otherwise abused the programs.
Were it not for Snowden the existence of these programs would not have gained currency. It is reluctantly revealed that these programs have been successful _____ (insert last number you've heard) times. We can hardly expect the failures or abuse of the programs to be revealed. Now we find that the NSA has been "least untruthful" (i.e., lied) to Congress. We are in a situation where Senators who wish to correct a "misleading" statement on the NSA
website have to do so in a
classified attachment to their letter. Proceedings supporting and challenging these programs are cloaked in national security secrecy, and those challenging the proceedings are required to prove the underlying orders are illegal - an interesting burden given they presumptively have been found lawful by the FISA Court.
From this those concerned about these programs are expected to generate proof?
Give me a break!
First off, the existence of a program that has technical capability is no proof of how that capability is used. Snowden released (and the Guardian only printed a partial) PowerPoint of the PRISM program and a copy of a Verizon warrant that was legally issued by a court. What Snowden didn't provide was evidence of the government performing mass surveillance (or any surveillance at all) on American citizens. You're championing Snowden for gathering evidence and releasing it to the public about the existence of a technical capability, yet you don't seem to expect the same level of disclosure from him of proof that it has been or ever will be used against Americans. He claimed to have unprecedented access to these files and that he could wiretap anyone, yet he provided no proof at all of that portion.
So you're right. I wouldn't expect the NSA to release evidence of wrongdoing because they haven't made any claims that any wrongdoing occurred. In fact, they make the claim that there has been no wrongdoing at all. So the burden of proof in on Edward Snowden to prove that the wrongdoing has occurred, which he has clearly failed to do.
The "least untruthful" quote you are incorrectly attributing to the NSA instead of the correct person, James Clapper. I also believe you are mischaracterizing the letter from the Senators to the NSA. From reading it, it seems to me that the NSA released a fact sheet to try and answer questions the public may have and that the Senators interpreted one of the statements as being misleading, based on classified information they were aware of, and asked that the agency correct the statement. Here is the link to the document:
Link. As of this moment, the NSA has removed the document and we will see what they put up as a correction.
Finally, it is nothing but reasonable to review classified programs in classified courts. The government isn't going to publicly reveal all of its classified information simply because someone wants to challenge it in court. That's the whole reason the FISC was created by Congress. And yes, if someone want to challenge an order of the court, the onus is on them to prove it is illegal, as it is in all cases that go before any court in this country. If the FISC finds something lawful, then they are the the arbiter of classified information, as established by Congress (a Constitutionally granted responsibility) and so it is by definition legal.
So yes. People who claim illegal activities are taking place are required to provide proof. It would be the same as the government going to a court and saying "We believe palbert is a drug dealer. We don't have any proof or reasonable suspicion, but just let us go into his house to look for some and we'll come back to you."
Misguided? No that would be you, Lostlover and Tigerfan here. Snowden may be clearly less than he seemed to present himself but you think our people are better? you're so cynical about everything else virtually, but here trust a vast, deeply hidden surveillance state structure? More like there are no angels in this battle, and our guys are closer to the devils we despise than we'd care to admit.
I've seen no evidence of a deep, hidden surveillance state structure. I see plenty of proof that Snowden is a liar.
Two instances of NSA over-reach:
http://www.ibtimes.com/fisc-will-no...-confirmed-nsas-illegal-surveillance-1305023#
This is the perfect example of the NSA developing a surveillance program, taking it to the court, and the court finding it wasn't legal. Rubber stamp my ass. The system seems to work just fine.
DNI James Clapper's statements to Congress that NSA does "not wittingly" collect data on Americans. He knew that response to be false, and later stated it was the "least untruthful" way he could answer.
http://www.slate.com/articles/news_..._lied_to_congress_about_nsa_surveillance.html
Let's go with the whole back and forth to get the context under which he answered.
March 12 said:
Wyden: "And this is for you, Director Clapper, again on the surveillance front. And I hope we can do this in just a yes or no answer, because I know Sen. Feinstein wants to move on.
"Last summer the NSA director was at a conference and he was asked a question about the NSA surveillance of Americans. He replied, and I quote here, '... the story that we have millions or hundreds of millions of dossiers on people is completely false.'
"The reason I'm asking the question is, having served on the committee now for a dozen years, I don't really know what a dossier is in this context. So what I wanted to see is if you could give me a yes or no answer to the question: Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?"
Clapper: "No, sir."
Wyden: "It does not."
Clapper: "Not wittingly. There are cases where they could inadvertently perhaps collect, but not wittingly."
Wyden: "All right. Thank you. I'll have additional questions to give you in writing on that point, but I thank you for the answer."
So I'm not going to expect any of you people with predisposed feelings of hostility towards the government to really read or try to understand this, but for the others, I will explain to you exactly what happened here. I have worked with some people who have worked in the intelligence field before, and my experience with them is where I am getting some of this. First off, it was a loaded question, asked in a yes or no fashion, which was designed to trip someone up. Second, in the intelligence community, the term collect is used to refer to a situation in which you focus your resources on a specific target and use those resources to get the information you need from that target. Third, and most important, metadata, such as that the Verizon warrant specifies, isn't legally considered data belonging to a specific individual, and as such, isn't considered data of any person until such time as that metadata is time correlated with an individual person. So a phone number is nothing but a phone number until it is associated with an individual at that point in time. So in 2011, that phone number may have belonged to Bob Smith. In 2012, that phone number may belong to Jane Doe. They aren't identifiable pieces of information until time correlated, at which point they are then considered data belonging to an individual. According to the warrant, Verizon was required to give ALL of its metadata from all calls that passed through its networks to the NSA. The data only included phones numbers, durations of calls, and transactional data. It specifically prohibits the collection of personally identifiable information (name, address, and financial information) as well as the content of any calls.
So yes - in the intelligence (and legal) worlds, what James Clapper said was correct. And his attempts to explain it to an uncleared public audience was that it was the "least untruthful" he could be without divulging classified information used to frame his answer to what was specifically asked to be a yes or no question.