Dan Coats released a report on US person disseminations under FISA last week--an apparent attempt to stave off real reports in legislation. https://www.emptywheel.net/2017/11/27/problems-with-the-ics-preemptive-702-unmasking-reports/ … Here are some of the gaping holes in the reports.
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5) But wait! Both CIA and FBI basically say, "targeting? NSA does targeting. We can ignore the fact that NSA disseminates the raw feeds from thousands of selectors to us."
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6) FBI pretty much outright lies by saying "Targets under Section 702 collection who are subsequently found to be U.S. persons, or non-U.S. persons located in the U.S., must be detasked immediately." Not true for the 2014 exception data, which is almost certainly domestic comms.
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7) FBI: blah blah blah reverse targeting. Except for an ENTIRE DECADE people like Feingold and Wyden have been pointing out that if reverse targeting is A purpose, it's all good.
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8) FBI doesn't talk about ad hoc databases, a form of dissemination, nor its recent problems with same. But it's happy to point to new rules requiring it to stop the problems it recently had!!
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9) FBI talks about its finished intel reports but not its investigative files. And not only does FBI not admit it never complies w/notice to defendants, it lists its policies by which it refuses to do so AS A PRIVACY PLUS!!!!!
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10) Also a privacy plus for FBI? That its minimization procedures permit it to share with states and foreign governments and so on.
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11) FBI ALSO doesn't admit [I know this is getting tedious but it's important] its reviews actually don't review every dissemination, unlike NSA and CIA (the latter for content, not metadata). Kudos to DNI for admitting it doesn't really review all FBI's disseminations, I think
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12) So you get the point, right? FBI basically blew this entire report off? The best part is, best as I can tell, they only reviewed finished intel reports on disseminations and POLICY on the stuff that matters.
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Call me crazy but when I see a transparency report that looks like...
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Oh, I forgot the most important bit. Rather than addressing privacy controls over back door searches (which it calls "checks"), it instead says "checks are important."
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In other words: BE MORE WORRIED ABOUT FBI'S USE OF 702 DATA THAN YOU ALREADY ARE! [fin, je crois]
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End of conversation
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