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Post Reports NSA Broke Rules 'Thousands' Of Times Per Year

The NSA has broken privacy rules or overstepped its legal authority thousands of times each year since Congress granted the agency broad new powers in 2008.

If you look at the reports ... what you're not reading about is the government actually abusing these programs ... what you're hearing about is the prospect that these could be abused. -- President Obama, Aug. 8th.

Marcy Wheeler reports that the Administration was fighting the Post on this story. Maybe because all these "safeguards" they claimed were in place don't seem to be getting the job done:

The National Security Agency has broken privacy rules or overstepped its legal authority thousands of times each year since Congress granted the agency broad new powers in 2008, according to an internal audit and other top-secret documents.

Most of the infractions involve unauthorized surveillance of Americans or foreign intelligence targets in the United States, both of which are restricted by law and executive order. They range from significant violations of law to typographical errors that resulted in unintended interception of U.S. e-mails and telephone calls.

Three government officials said the number would be substantially higher if it included other NSA operating units and regional collection centers.

The documents, provided earlier this summer to The Washington Post by former NSA contractor Edward Snowden, include a level of detail and analysis that is not routinely shared with Congress or the special court that oversees surveillance. In one of the documents, agency personnel are instructed to remove details and substitute more generic language in reports to the Justice Department and the Office of the Director of National Intelligence.

In one instance, the NSA decided that it need not report the unintended surveillance of Americans. A notable example in 2008 was the interception of a “large number” of calls placed from Washington when a programming error confused U.S. area code 202 for 20, the international dialing code for Egypt, according to a “quality assurance” review that was not distributed to the NSA’s oversight staff.

In another case, the Foreign Intelligence Surveillance Court, which has authority over some NSA operations, did not learn about a new collection method until it had been in operation for many months. The court ruled it unconstitutional.

Also: Alex Pareene on how the government was on the record for this interview, then insisted the Post treat it as off the record -- and why it's bad for journalism.

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