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	<title>Comments on: Questions and Answers about Beginning of Domestic Spying Program</title>
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	<link>http://emptywheel.firedoglake.com/2009/07/16/questions-and-answers-about-beginning-of-domestic-spying-program/</link>
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		<title>By: fatster</title>
		<link>http://emptywheel.firedoglake.com/2009/07/16/questions-and-answers-about-beginning-of-domestic-spying-program/#comment-174741</link>
		<dc:creator>fatster</dc:creator>
		<pubDate>Sat, 18 Jul 2009 01:32:13 +0000</pubDate>
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		<description>&lt;p&gt;Please pardon the sarcasm, but dream on.  They aren’t interested in stuff like that.  They are interested in giving retroactive immunity in order to protect those powerful and well-monied corporations who were doing some very very illegal things in consort with the gubmint.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Please pardon the sarcasm, but dream on.  They aren’t interested in stuff like that.  They are interested in giving retroactive immunity in order to protect those powerful and well-monied corporations who were doing some very very illegal things in consort with the gubmint.</p>
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		<title>By: Xboxershorts</title>
		<link>http://emptywheel.firedoglake.com/2009/07/16/questions-and-answers-about-beginning-of-domestic-spying-program/#comment-174455</link>
		<dc:creator>Xboxershorts</dc:creator>
		<pubDate>Fri, 17 Jul 2009 15:29:50 +0000</pubDate>
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		<description>&lt;p&gt;Siegleman, Minor, Georgia Thompson, 700 odd elected oofficials investigated by Bush’s justice department since 2001…87% democrats&lt;/p&gt;
&lt;p&gt;&lt;a href=&quot;http://www.youtube.com/watch?v=RL8IBcNU34Q&quot; rel=&quot;nofollow&quot;&gt;&lt;/a&gt;&lt;/p&gt;
&lt;p&gt;When did these prosecutions begin? How early in the Bush 1st term were indictments beginning to be handed down? Even before taking office, in 2000, his National Security team was laying the groundwork for an expansion of data collection. &lt;/p&gt;
&lt;p&gt;&lt;a href=&quot;http://www.google.com/search?hl=en&amp;client=firefox-a&amp;channel=s&amp;rls=org.mozilla:en-US:official&amp;hs=mEU&amp;ei=3YtgSsKkI5Citgfgp4niDA&amp;sa=X&amp;oi=spell&amp;resnum=0&amp;ct=result&amp;cd=1&amp;q=Nacchio,+Qwest,+NSA&amp;spell=1&quot; rel=&quot;nofollow&quot;&gt;&lt;/a&gt;&lt;/p&gt;
&lt;p&gt;Joseph Nacchio of Qwest communications has submitted sworn testimony and (redacted) documents to support that testimony that the NSA was implementing a broad data collection program in February 2001, Qwest’s lawyers advised Nacchio that the program was not legal and Qwest would not participate. Nacchio would later be prosecuted for insider trading after the company’s stock value tanked when NSA pulled out of hundreds of millions of dollars worth of contracts already in place.&lt;/p&gt;
&lt;p&gt;Domestic surveillance, outside of FISA authority, was already in place well prior to the events of September 11th 2001. How plausible is it, that the orignal target of this surveillance was not criminal, but political? &lt;/p&gt;
&lt;p&gt;In this context, therefore, since their target was domestic politics, their surveillance would completely miss the very real terror threat this country faced…missing the terror threat from abroad because their real interest was in consolidating power at home.&lt;/p&gt;
&lt;p&gt;Your work is invaluable Marcy, but I suspect that even you might have difficulty accepting that…the roots of Bush’s criminal spying activity stretch well beyond that which which is relevant to the unspeakable horrors of September 11th, and their overreaching reaction to that terrible day. Look beyond September 11th, Bush and Rove, above all else, are political animals. And Rove’s permanent republican majority was more than a pipe dream.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Siegleman, Minor, Georgia Thompson, 700 odd elected oofficials investigated by Bush’s justice department since 2001…87% democrats</p>
<p><a href="http://www.youtube.com/watch?v=RL8IBcNU34Q" rel="nofollow"></a></p>
<p>When did these prosecutions begin? How early in the Bush 1st term were indictments beginning to be handed down? Even before taking office, in 2000, his National Security team was laying the groundwork for an expansion of data collection. </p>
<p><a href="http://www.google.com/search?hl=en&amp;client=firefox-a&amp;channel=s&amp;rls=org.mozilla:en-US:official&amp;hs=mEU&amp;ei=3YtgSsKkI5Citgfgp4niDA&amp;sa=X&amp;oi=spell&amp;resnum=0&amp;ct=result&amp;cd=1&amp;q=Nacchio,+Qwest,+NSA&amp;spell=1" rel="nofollow"></a></p>
<p>Joseph Nacchio of Qwest communications has submitted sworn testimony and (redacted) documents to support that testimony that the NSA was implementing a broad data collection program in February 2001, Qwest’s lawyers advised Nacchio that the program was not legal and Qwest would not participate. Nacchio would later be prosecuted for insider trading after the company’s stock value tanked when NSA pulled out of hundreds of millions of dollars worth of contracts already in place.</p>
<p>Domestic surveillance, outside of FISA authority, was already in place well prior to the events of September 11th 2001. How plausible is it, that the orignal target of this surveillance was not criminal, but political? </p>
<p>In this context, therefore, since their target was domestic politics, their surveillance would completely miss the very real terror threat this country faced…missing the terror threat from abroad because their real interest was in consolidating power at home.</p>
<p>Your work is invaluable Marcy, but I suspect that even you might have difficulty accepting that…the roots of Bush’s criminal spying activity stretch well beyond that which which is relevant to the unspeakable horrors of September 11th, and their overreaching reaction to that terrible day. Look beyond September 11th, Bush and Rove, above all else, are political animals. And Rove’s permanent republican majority was more than a pipe dream.</p>
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		<title>By: bubbagoober</title>
		<link>http://emptywheel.firedoglake.com/2009/07/16/questions-and-answers-about-beginning-of-domestic-spying-program/#comment-174394</link>
		<dc:creator>bubbagoober</dc:creator>
		<pubDate>Fri, 17 Jul 2009 03:29:41 +0000</pubDate>
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		<description>&lt;p&gt;Marcy,&lt;/p&gt;
&lt;p&gt;The modern sherlock Holmes.&lt;/p&gt;
&lt;p&gt;(Btw, the next time you’re on teevee, forget bj’s — just go racial and sexist, then msnbc will make you a full time guest, just like Herr Buchanan)&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Marcy,</p>
<p>The modern sherlock Holmes.</p>
<p>(Btw, the next time you’re on teevee, forget bj’s — just go racial and sexist, then msnbc will make you a full time guest, just like Herr Buchanan)</p>
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		<title>By: bobschacht</title>
		<link>http://emptywheel.firedoglake.com/2009/07/16/questions-and-answers-about-beginning-of-domestic-spying-program/#comment-174328</link>
		<dc:creator>bobschacht</dc:creator>
		<pubDate>Thu, 16 Jul 2009 22:33:38 +0000</pubDate>
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		<description>&lt;p&gt;Once you start following everything Afghanistan, you start including communications with the &lt;a href=&quot;http://en.wikipedia.org/wiki/Revolutionary_Association_of_the_Women_of_Afghanistan&quot; rel=&quot;nofollow&quot;&gt;Revolutionary Association of the Women of Afghanistan&lt;/a&gt; and other charitable organizations, such as the &lt;a href=&quot;http://www.theirc.org/where/the_irc_in_afghanistan.html&quot; rel=&quot;nofollow&quot;&gt;International Rescue Committee/Afghanistan branch&lt;/a&gt;, as well as a personal friend of mine, who donates her expertise as a gynecologist for 6 months per year to a hospital in Kabul, and writes “notes from the field” while she’s there. All fair game to the dragnet, I suppose, and since most of them may have a skeptical attitude towards our Afghanistan policies, they might be regarded as “associated” with “terrorist” organizations within the ample scope of the weasel words the dragnets used.&lt;/p&gt;
&lt;p&gt;Bob in HI&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Once you start following everything Afghanistan, you start including communications with the <a href="http://en.wikipedia.org/wiki/Revolutionary_Association_of_the_Women_of_Afghanistan" rel="nofollow">Revolutionary Association of the Women of Afghanistan</a> and other charitable organizations, such as the <a href="http://www.theirc.org/where/the_irc_in_afghanistan.html" rel="nofollow">International Rescue Committee/Afghanistan branch</a>, as well as a personal friend of mine, who donates her expertise as a gynecologist for 6 months per year to a hospital in Kabul, and writes “notes from the field” while she’s there. All fair game to the dragnet, I suppose, and since most of them may have a skeptical attitude towards our Afghanistan policies, they might be regarded as “associated” with “terrorist” organizations within the ample scope of the weasel words the dragnets used.</p>
<p>Bob in HI</p>
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		<title>By: readerOfTeaLeaves</title>
		<link>http://emptywheel.firedoglake.com/2009/07/16/questions-and-answers-about-beginning-of-domestic-spying-program/#comment-174323</link>
		<dc:creator>readerOfTeaLeaves</dc:creator>
		<pubDate>Thu, 16 Jul 2009 22:05:04 +0000</pubDate>
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		<description>&lt;p&gt;Oh, yeah.  There’s a guy who knew that “”A nickel isn’t worth a dime today”, and that Texas had a lot of ‘electricity votes’.&lt;/p&gt;
&lt;p&gt;Yogi might be the perfect analyst for this degree of lunacy.  Probably something along the lines of: “&lt;em&gt;Mirror, mirror on the wall, let’s make sure Dick takes the fall.”  &lt;/em&gt;&lt;/p&gt;
&lt;p&gt;But then, Dick probably has a few mirrors himself.  God only knows what &lt;em&gt;they&lt;/em&gt; say… (Off the top of my head:  “&lt;em&gt;Listen, G*d, don’t f*ck with me.  And if you don’t believe me, go ask Tenet or anyone at CIA.”) … &lt;/em&gt;&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Oh, yeah.  There’s a guy who knew that “”A nickel isn’t worth a dime today”, and that Texas had a lot of ‘electricity votes’.</p>
<p>Yogi might be the perfect analyst for this degree of lunacy.  Probably something along the lines of: “<em>Mirror, mirror on the wall, let’s make sure Dick takes the fall.”  </em></p>
<p>But then, Dick probably has a few mirrors himself.  God only knows what <em>they</em> say… (Off the top of my head:  “<em>Listen, G*d, don’t f*ck with me.  And if you don’t believe me, go ask Tenet or anyone at CIA.”) … </em></p>
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		<title>By: Mary</title>
		<link>http://emptywheel.firedoglake.com/2009/07/16/questions-and-answers-about-beginning-of-domestic-spying-program/#comment-174319</link>
		<dc:creator>Mary</dc:creator>
		<pubDate>Thu, 16 Jul 2009 21:50:17 +0000</pubDate>
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		<description>&lt;p&gt;I kind of think it goes to Hayden’s attempt at “hot pursuit” of communications explanation too.  A (presumably a “known terrorist” like the kid who bought tomatoes for the Taliban) in Afghanistan calls B here in the states,  so using that “first link” they start following the calls B makes to others, then the calls the others make to more others, etc. to see if they can pick up relevant (to A’s terrorism) communications from the spin offs of B’s calls.  &lt;/p&gt;
&lt;p&gt;I defer to the techies like WO, EW, Mad Dog and many others on this stuff though.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I kind of think it goes to Hayden’s attempt at “hot pursuit” of communications explanation too.  A (presumably a “known terrorist” like the kid who bought tomatoes for the Taliban) in Afghanistan calls B here in the states,  so using that “first link” they start following the calls B makes to others, then the calls the others make to more others, etc. to see if they can pick up relevant (to A’s terrorism) communications from the spin offs of B’s calls.  </p>
<p>I defer to the techies like WO, EW, Mad Dog and many others on this stuff though.</p>
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		<title>By: Mary</title>
		<link>http://emptywheel.firedoglake.com/2009/07/16/questions-and-answers-about-beginning-of-domestic-spying-program/#comment-174317</link>
		<dc:creator>Mary</dc:creator>
		<pubDate>Thu, 16 Jul 2009 21:46:22 +0000</pubDate>
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		<description>&lt;p&gt;On the snowballing, pretty much.  I am referring back to Mad Dog’s comments and DNI info at comment 95 here:&lt;br /&gt;&lt;a href=&quot;http://emptywheel.firedoglake.com/2009/07/15/the-other-intelligence-activities/#comment-174075&quot; rel=&quot;nofollow&quot;&gt;http://emptywheel.firedoglake......ent-174075&lt;/a&gt;&lt;br /&gt;
and also in subsequent (110, 111 etc.) comments on that thread.  &lt;/p&gt;
&lt;p&gt;The ODNI was stating there what it thought data mining was, and wasn’t.  &lt;/p&gt;
&lt;p&gt;It was (to them per their definintion):  “pattern-based queries, searches or other analyses of 1 or more electronic databases” in order to “discover or locate a predictive pattern or anomaly indicative of terrorist or criminal activity”&lt;/p&gt;
&lt;p&gt;It was not (to them, per their definition): “various types of link analysis tools. These tools start with a known or suspected terrorist or other subject of foreign intelligence interest and use various methods to uncover links between that known subject and potential associates or other persons with whom that subject is or has been in contact.”&lt;/p&gt;
&lt;p&gt;Or as EW put it, playing 6 degrees of Osama was not being treated by ODNI as data mining and therefore not subject to prohibitions on datamining by statutes.&lt;/p&gt;
&lt;p&gt;My point on random was that it would have been something other than either of those two examples.  Maybe using a search pattern, but not necessarily one that was generated with a basis and arguable intent to “discover or locate a predictive pattern or anomaly indicative of terrorist or criminal activity” but instead to more directly just pull communications of US targeted persons without a probable cause or reasonable basis that you were pulling terrorist communications.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>On the snowballing, pretty much.  I am referring back to Mad Dog’s comments and DNI info at comment 95 here:<br /><a href="http://emptywheel.firedoglake.com/2009/07/15/the-other-intelligence-activities/#comment-174075" rel="nofollow">http://emptywheel.firedoglake&#8230;&#8230;ent-174075</a><br />
and also in subsequent (110, 111 etc.) comments on that thread.  </p>
<p>The ODNI was stating there what it thought data mining was, and wasn’t.  </p>
<p>It was (to them per their definintion):  “pattern-based queries, searches or other analyses of 1 or more electronic databases” in order to “discover or locate a predictive pattern or anomaly indicative of terrorist or criminal activity”</p>
<p>It was not (to them, per their definition): “various types of link analysis tools. These tools start with a known or suspected terrorist or other subject of foreign intelligence interest and use various methods to uncover links between that known subject and potential associates or other persons with whom that subject is or has been in contact.”</p>
<p>Or as EW put it, playing 6 degrees of Osama was not being treated by ODNI as data mining and therefore not subject to prohibitions on datamining by statutes.</p>
<p>My point on random was that it would have been something other than either of those two examples.  Maybe using a search pattern, but not necessarily one that was generated with a basis and arguable intent to “discover or locate a predictive pattern or anomaly indicative of terrorist or criminal activity” but instead to more directly just pull communications of US targeted persons without a probable cause or reasonable basis that you were pulling terrorist communications.</p>
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		<title>By: NMvoiceofreason</title>
		<link>http://emptywheel.firedoglake.com/2009/07/16/questions-and-answers-about-beginning-of-domestic-spying-program/#comment-174315</link>
		<dc:creator>NMvoiceofreason</dc:creator>
		<pubDate>Thu, 16 Jul 2009 21:18:59 +0000</pubDate>
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		<description>&lt;p&gt;No ex post facto law means the crimes committed before this date on 2004 are out of reach. Yes, statute of limitations can be extended, but nobody in Congress is going to act on this before it is too late - much less Holder and Obama who would rather just see it go away.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>No ex post facto law means the crimes committed before this date on 2004 are out of reach. Yes, statute of limitations can be extended, but nobody in Congress is going to act on this before it is too late &#8211; much less Holder and Obama who would rather just see it go away.</p>
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		<title>By: NMvoiceofreason</title>
		<link>http://emptywheel.firedoglake.com/2009/07/16/questions-and-answers-about-beginning-of-domestic-spying-program/#comment-174314</link>
		<dc:creator>NMvoiceofreason</dc:creator>
		<pubDate>Thu, 16 Jul 2009 21:17:25 +0000</pubDate>
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		<description>&lt;p&gt;I can’t answer for Mary (she would have a better answer than I do anyhow), but link based analysis is tied to the communications links involved. In a phone call, the phone line. In an e-mail message, the internet. Phones have number, so do computers, so do house, and nowadays, so do people. Link analysis in NSA terms derives from the old technique of Traffic Analysis - who is talking at the same time on the same channel (radio), do we know who they are, who do they talk do, which way does traffic flow, etc. This is what the Traffic Master software automated years ago because there were not enough bright humans to go around. So link analysis takes some PID (personal identifier: phone#, IP#, house#, CC#, etc) and sees who (or more accurately, which other PIDS) are being communicated with.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I can’t answer for Mary (she would have a better answer than I do anyhow), but link based analysis is tied to the communications links involved. In a phone call, the phone line. In an e-mail message, the internet. Phones have number, so do computers, so do house, and nowadays, so do people. Link analysis in NSA terms derives from the old technique of Traffic Analysis &#8211; who is talking at the same time on the same channel (radio), do we know who they are, who do they talk do, which way does traffic flow, etc. This is what the Traffic Master software automated years ago because there were not enough bright humans to go around. So link analysis takes some PID (personal identifier: phone#, IP#, house#, CC#, etc) and sees who (or more accurately, which other PIDS) are being communicated with.</p>
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		<title>By: lysias</title>
		<link>http://emptywheel.firedoglake.com/2009/07/16/questions-and-answers-about-beginning-of-domestic-spying-program/#comment-174313</link>
		<dc:creator>lysias</dc:creator>
		<pubDate>Thu, 16 Jul 2009 21:16:02 +0000</pubDate>
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		<description>&lt;p&gt;Congress has the power to solve the statute of limitations problem.  The courts have ruled that it is no violation of due process to prosecute someone using a statute of limitations that Congress (or a state legislature) has extended &lt;i&gt;before&lt;/i&gt; the statute has run on the defendant in question.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Congress has the power to solve the statute of limitations problem.  The courts have ruled that it is no violation of due process to prosecute someone using a statute of limitations that Congress (or a state legislature) has extended <i>before</i> the statute has run on the defendant in question.</p>
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