David Kirkpatrick

June 16, 2009

NSA and domestic surveillance

This New York Times report on the National Security Agency and ongoing domestic spyingis troubling. One of the largest problems with police state apparatus is how pernicious it becomes. Once in place it’s very, very difficult to root out. Every freedom lost is a freedom you can’t expect to get back.

From the link:

Since April, when it was disclosed that the intercepts of some private communications of Americans went beyond legal limits in late 2008 and early 2009, several Congressional committees have been investigating. Those inquiries have led to concerns in Congress about the agency’s ability to collect and read domestic e-mail messages of Americans on a widespread basis, officials said. Supporting that conclusion is the account of a former N.S.A. analyst who, in a series of interviews, described being trained in 2005 for a program in which the agency routinely examined large volumes of Americans’ e-mail messages without court warrants. Two intelligence officials confirmed that the program was still in operation.

Both the former analyst’s account and the rising concern among some members of Congress about the N.S.A.’s recent operation are raising fresh questions about the spy agency.

Representative Rush Holt, Democrat of New Jersey and chairman of the House Select Intelligence Oversight Panel, has been investigating the incidents and said he had become increasingly troubled by the agency’s handling of domestic communications.

In an interview, Mr. Holt disputed assertions by Justice Department and national security officials that the overcollection was inadvertent.

“Some actions are so flagrant that they can’t be accidental,” Mr. Holt said.

February 22, 2009

Obama sides with Bush on missing email

A disappointing stance from an administration making claims of  transparency in government.

From the link:

The Obama administration, siding with former President George W. Bush, is trying to kill a lawsuit that seeks to recover what could be millions of missing White House e-mails.

Two advocacy groups suing the Executive Office of the President say that large amounts of White House e-mail documenting Bush’s eight years in office may still be missing, and that the government must undertake an extensive recovery effort. They expressed disappointment that Obama’s Justice Department is continuing the Bush administration’s bid to get the lawsuits dismissed.

During its first term, the Bush White House failed to install electronic record-keeping for e-mail when it switched to a new system, resulting in millions of messages that could not be found.

The Bush White House discovered the problem in 2005 and rejected a proposed solution.

Recently, the Bush White House said it had located 14 million e-mails that were misplaced and that the White House had restored hundreds of thousands of other e-mails from computer backup tapes.

The steps the White House took are inadequate, one of the two groups, the National Security Archive, told a federal judge in court papers filed Friday.

“We do not know how many more e-mails could be restored but have not been, because defendants have not looked,” the National Security Archive said in the court papers.

“The new administration seems no more eager than the last” to deal with the issue, said Anne Weismann, chief counsel for Citizens for Responsibility and Ethics in Washington, the other group that sued the EOP.

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