The NSA
Jul 2nd 2013, 5:42 pm
#181
Grumpy Know-it-all
Thread Starter
Joined: Jul 2010
Location: Calgary, Alberta
Posts: 8,928
Re: The NSA
Mmm anyway I can't be bothered to read back through all of this thread now but have a read of this: http://www.guardian.co.uk/world/inte...dures-document
Which is a classified document explaining what the NSA is allowed to do with information they capture, section 5(2) is the relevant bit as far as the incident at LAX is concerned.
It says they can pass the information on to the FBI or other federal law enforcement agencies (which would obviously include CBP) even if the information relates to "US persons" (which in relation to the incident at LAX they were not).
It mentions 50 USC 1806(b) and 1825(c) - those sections relate to procedures if the information is used in a criminal prosecution, which wouldn't be applicable in relation to denying someone entry to the US, that isn't a prosecution obviously.
So basically, they certainly could data mine Twitter, phone up CBP at LAX and leave a tip and CBP could act on it. Entirely legal and permitted for them to do that. To me the more interesting bit is that they could do that even if you are American, however obviously they can't deny entry to an American, so that would involve some sort of prosecution, which requires them to follow a more detailed procedure.
Also bear in mind I'm pretty sure it would be a foreign communication as they define it involving foreign persons, so the director of the NSA doesn't have to be involved. That only happens if it is domestic communication, or communication between US persons.
Which is a classified document explaining what the NSA is allowed to do with information they capture, section 5(2) is the relevant bit as far as the incident at LAX is concerned.
It says they can pass the information on to the FBI or other federal law enforcement agencies (which would obviously include CBP) even if the information relates to "US persons" (which in relation to the incident at LAX they were not).
It mentions 50 USC 1806(b) and 1825(c) - those sections relate to procedures if the information is used in a criminal prosecution, which wouldn't be applicable in relation to denying someone entry to the US, that isn't a prosecution obviously.
So basically, they certainly could data mine Twitter, phone up CBP at LAX and leave a tip and CBP could act on it. Entirely legal and permitted for them to do that. To me the more interesting bit is that they could do that even if you are American, however obviously they can't deny entry to an American, so that would involve some sort of prosecution, which requires them to follow a more detailed procedure.
Also bear in mind I'm pretty sure it would be a foreign communication as they define it involving foreign persons, so the director of the NSA doesn't have to be involved. That only happens if it is domestic communication, or communication between US persons.
Jul 5th 2013, 3:14 pm
#182
BE Enthusiast
Joined: Jun 2011
Posts: 992
Re: The NSA
Interesting how many thought the Postal Service was more important than this topic.
I read the commentary today - it seems the character assassination of Snowden is nigh complete with most seeing him as some kind of horrible traitor, and only the Guardian providing critical analysis of the issue.
Even the UN are reported to be on record as:
http://www.guardian.co.uk/world/2013...se-ban-ki-moon
I read the commentary today - it seems the character assassination of Snowden is nigh complete with most seeing him as some kind of horrible traitor, and only the Guardian providing critical analysis of the issue.
Even the UN are reported to be on record as:
http://www.guardian.co.uk/world/2013...se-ban-ki-moon
Last edited by januarymix; Jul 5th 2013 at 3:17 pm.
