NSA Abandons "About" Searches

Earlier this month, the NSA said that it would no longer conduct "about" searches of bulk communications data. This was the practice of collecting the communications of Americans based on keywords and phrases in the contents of the messages, not based on who they were from or to. The NSA’s own words: After considerable evaluation of the program and available…

Earlier this month, the NSA said that it would no longer conduct "about" searches of bulk communications data. This was the practice of collecting the communications of Americans based on keywords and phrases in the contents of the messages, not based on who they were from or to.

The NSA's own words:

After considerable evaluation of the program and available technology, NSA has decided that its Section 702 foreign intelligence surveillance activities will no longer include any upstream internet communications that are solely "about" a foreign intelligence target. Instead, this surveillance will now be limited to only those communications that are directly "to" or "from" a foreign intelligence target. These changes are designed to retain the upstream collection that provides the greatest value to national security while reducing the likelihood that NSA will acquire communications of U.S. persons or others who are not in direct contact with one of the Agency's foreign intelligence targets.

In addition, as part of this curtailment, NSA will delete the vast majority of previously acquired upstream internet communications as soon as practicable.

[...]

After reviewing amended Section 702 certifications and NSA procedures that implement these changes, the FISC recently issued an opinion and order, approving the renewal certifications and use of procedures, which authorize this narrowed form of Section 702 upstream internet collection. A declassification review of the FISC's opinion and order, and the related targeting and minimization procedures, is underway.

A quick review: under Section 702 of the Patriot Act, the NSA seizes a copy of all communications moving through a telco -- think e-mail and such -- and searches it for particular senders, receivers, and -- until recently -- key words. This pretty clearly violates the Fourth Amendment, and groups like the EFF have been fighting the NSA in court about this for years. The NSA has also had problems in the FISA court about these searches, and cites "inadvertent compliance incidents" related to this.

We might learn more about this change. Again, from the NSA's statement:

After reviewing amended Section 702 certifications and NSA procedures that implement these changes, the FISC recently issued an opinion and order, approving the renewal certifications and use of procedures, which authorize this narrowed form of Section 702 upstream internet collection. A declassification review of the FISC's opinion and order, and the related targeting and minimization procedures, is underway.

And the EFF is still fighting for more NSA surveillance reforms.

from https://www.schneier.com/blog/