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Americas top intelligence official is reneging on a promise made under the Obama administration to estimate how many Americans have been spied on using a warrant-less surveillance law intended to target foreigners. The decision to abandon that commitment isnt sitting well with civil liberties advocates who formed a coalition this week in protest.

Director of National Intelligence Dan Coats told a Senate panel last week that it was infeasible to generate an exact, accurate, meaningful, and responsive methodology to show how many Americans have been spied on under Section 702 of the Foreign Intelligence Surveillance Actthe law which enables intelligence agencies to spy on the communications of foreigners with the help of American companies such as AT&T.

Coats said the National Security Agency had already undergone a Herculean effort to determine the number, but somehow failed miserably.

Given that the NSA claims to be the largest employer of mathematicians in the country (the exact number is classified), Coatss explanation that counting is really hard seemed fairly absurd. One can only conclude that the number of Americans being spied on incidentally under 702 is so shockingly high that announcing it would endanger any chance of renewing 702's authority before it expires on January 1, 2018.

Either way, the official President Trump appointed to lead the Intelligence Community seems to have thrown his hands in the air with regard to this simple accountability request. Its astonishing, really, that the White House was able to find someone who is less inclined to be straightforward with the American public than James Clapper, the former director, whose New York Times obituary will undoubtedly contain an accusation of perjury.

Late Monday, the American Civil Liberties Unionalong with more than two dozen other digital and civil rights groupssigned a letter [PDF] criticizing Coats decision to leave the public in the dark, and with justifiable and significant concerns about the effect of Section 702 surveillance on Americans privacy and civil liberties. The letter was sent to Office of the Director of National Intelligence and then forwarded [PDF] to the chairman and ranking member of the House Judiciary CommitteeRepresentatives Bob Goodlatte and John Conyers, respectively.

Members of Congress should be outraged that the NSA has reneged on its commitment to provide an estimate of the number of Americans that the NSA spies on under Section 702, and should use every tool at their disposal to demand that this information be provided, Neema Singh Guliani, ACLU legislative counsel, said in a statement.

The executive branch has provided no credible explanation for their abrupt reversal in position, which comes after months of discussions with Congressional staff on methodologies to obtain the exact information that they now claim is impossible to determine, Guliani continued. This decision is not rooted in practicalities, but rather part of an overall effort to withhold key information about Section 702 while the program is being debated in Congress.

Aside from the ACLU, 32 other groups signed on to the letter, including the Brennan Center for Justice, the Electronic Frontier Foundation, Demand Progress, and the Sunlight Foundation. The groups charge Coats with backtracking specifically for political reasons (as opposed to practical ones). It is critical to allow the American people and their representatives to fully understand the impact Section 702 has on their privacy and civil liberties as Congress considers reauthorization of the law, they said.

Rep. Conyers did not immediately respond to a request for comment. An aide to Rep. Goodlatte referred questions to a Judiciary Committee spokesperson, who likewise did not return a request for comment.

Update, 1:56pm: A Republican House Judiciary Committee aide provided Gizmodo the following comment:

As the House Judiciary Committee seeks to reauthorize and reform FISA Section 702, it is imperative that Members of Congress understand the impact of this intelligence-gathering program on U.S. persons. While Director Coats has indicated that it is not feasible to provide this information, the Committee will continue to explore with the agencies various options for obtaining the desired information. Chairman Goodlatte looks forward to working with Director Coats and others on efforts to reauthorize this critical intelligence-gathering program and to ensure it protects Americans civil liberties.

See the original post here:
Intel Chief Says He Cannot Reveal How Many Americans the NSA Spied On Because He Cannot Count Them All - Gizmodo

Her family calls Reality Leigh Winner a patriot who may have made some mistakes but acted with conviction for the good of her country. The federal government portrays her as something more sinister a threat to national security.

Those contrasting portraits, first unveiled last week in a bond hearing in an Augusta federal court, will likely emerge in the months ahead as the central themes in the first leak prosecution under the Trump administration.

Legal experts say prosecutors will want to make an example of someone who allegedly shared secrets in an era where rampant leaks have angered President Donald Trump and damaged his presidency. Winner, meanwhile, will be fighting for her freedom.

Winner, an intelligence contractor who worked at Fort Gordon near Augusta, pleaded not guilty to a single count of willful retention and transmission of national defense information. She is charged under the Espionage Act with leaking a top secret NSA document on Russian attempts to hack U.S. election systems to the news media.

Prosecutors won the first sortie on Thursday, convincing U.S. Magistrate Judge Brian Epps that Winner is too great a risk to be released on bond. Assistant U.S. Attorney Jennifer Solari said the government is concerned Winner might have compromised other secrets, and that she had a persistent desire to travel to Afghanistan and researched technology that could be used to cover her digital tracks.

Winner allegedly wrote that she wanted to burn the White House down and in notes appeared sympathetic to the Taliban.

Winners lawyer, Titus Nichols, said his client isnt a flight risk nor a threat.

Friends and her family have described her as an animal lover, a fitness buff and a decorated Air Force veteran. Her stepfather, Gary Davis, said her youth, her liberal views and her high security clearance make her a perfect patsy.

Thats what our biggest fear is political persecution to drive home a political point, Davis said. Thats the unwritten message. If you go against the government, then were going to shut you down. And were going to throw you into prison and throw away the key.

President Barack Obama prosecuted more leakers than all other presidents before him combined, and though the Winner case is the first under Trump, the new president has demanded the Department of Justice find and prosecute more.

Under Trump, even the definition of leaker has expanded. On Friday, the president called James Comey, the FBI director he fired amid probes into Russia election meddling, a leaker, although the contents of the memo Comey told Congress he had distributed to the press do not appear to qualify as classified information.

Joshua Lowther, a criminal defense attorney in Atlanta, said Winner could make a sympathetic defendant. Shes a six-year veteran of the Air Force awarded a commendation for her intelligence work, which helped kill and capture hundreds of enemy combatants.

One of Winners potential defenses is to highlight that history of service to her country, including in the decision whether misguided or principled to leak material about Russian influence on the 2016 presidential election that she believed the public needed to know, Lowther said.

In court Thursday, prosecutors sought to shoot down that line of defense with explosive allegations she expressed sympathies to American enemies and wanted to burn the White House, Lowther said.

The government thinks this is someone who deserves to be prosecuted severely, Lowther said.

So far, though, the prosecutions picture of Winner as a danger to the nation doesnt fully square with the material she is alleged to have leaked, said Kenneth Geers, a senior fellow at international affairs think tank Atlantic Council.

Geers, a former NSA and Defense Department analyst, said what Winner allegedly leaked and where she sent the information to the whistleblower website, The Intercept makes it appear she acted out of conscience.

When I read the (original Intercept) article I thought this is a person who might be a Bernie supporter, said Geers, referring to Bernie Sanders, the U.S. senator from Vermont and former Democratic presidential candidate.

Unless prosecutors uncover that Winner compromised more sensitive information, something that would aide an adversary or wound U.S. interests abroad, the case doesnt seem to support the argument that shes a jihadist, Geers said.

I dont know her state of mind or logic, but it seems like if she were a jihadist, only releasing information about the election doesnt make a lot of sense, Geers said.

Prosecutors do not have to prove harm

Former CIA Director Gen. David Petraeus and Marine Gen. James Cartwright avoided lengthy prison sentences by pleading to lesser charges. Winner fits into the pattern of the Justice Department throwing the book at lower level employees, said Edward MacMahon, a veteran criminal defense lawyer versed in national security cases.

MacMahon was part of the defense team for Jeffrey Sterling, a former CIA operative who was convicted of espionage and sent to prison for leaking details of a secret U.S. operation to sabotage Irans nuclear program to a New York Times reporter.

Though the Winner case is slated to be tried in federal court in Augusta, it will be directed from Washington by the Counterintelligence and Export Control Section of the Justice Departments National Security Division.

The government will put enormous resources into trying this case, MacMahon said.

Prosecutors will attempt to prove that Winner had access to the classified material, gave it to persons without that access and that they can exclude other possible suspects.

The salacious allegations of sympathizing with enemies only ups the ante.

Prosecutors also have a significant advantage: they do not have to prove the leak caused harm to the nation.

They dont have to prove actual harm, they only have to prove the possibility of harm, he said. Its been challenged in court as vague but no court has ever overturned a conviction from it.

2017 The Atlanta Journal-Constitution (Atlanta, Ga.). Distributed by Tribune Content Agency, LLC.

WATCH NEXT:

Read more here:
Accused NSA Leaker May Be Treated Harshly As An Example, Experts Say - Task & Purpose

Newser

FBI Used 'Microdots' to Nab Accused NSA Leaker Newser The yellow "microdots" formed a coded design on the paper the 25-year-old NSA contractor allegedly provided to the Intercept that purports to detail Russian interference in the November election. The pattern revealed the serial number of the printer ...

The rest is here:
FBI Used 'Microdots' to Nab Accused NSA Leaker - Newser

Her family calls Reality Leigh Winner a patriot who may have made some mistakes but acted with conviction for the good of her country. The federal government portrays her as something more sinister a threat to national security.

Those contrasting portraits, first unveiled last week in a bond hearing in an Augusta federal court, will likely emerge in the months ahead as the central themes in the first leak prosecution under the Trump administration.

Each side has much at stake.

Legal experts say prosecutors will want to make an example of someone who allegedly shared secrets in an era where rampant leaks have angered President Donald Trump and damaged his presidency. Winner, meanwhile, will be fighting for her freedom.

Winner, an intelligence contractor who worked at Fort Gordon near Augusta, pleaded not guilty to a single count of willful retention and transmission of national defense information. She is charged under the Espionage Act with leaking a top secret NSA document on Russian attempts to hack U.S. election systems to the news media.

Prosecutors won the first sortie on Thursday, convincing U.S. Magistrate Judge Brian Epps that Winner is too great a risk to be released on bond. Assistant U.S. Attorney Jennifer Solari said the government is concerned Winner might have compromised other secrets, and that she had a persistent desire to travel to Afghanistan and researched technology that could be used to cover her digital tracks.

Winner allegedly wrote that she wanted to burn the White House down and in notes appeared sympathetic to the Taliban.

Winners lawyer, Titus Nichols, said his client isnt a flight risk nor a threat.

Friends and her family have described her as an animal lover, a fitness buff and a decorated Air Force veteran. Her stepfather, Gary Davis, said her youth, her liberal views and her high security clearance make her a perfect patsy.

Thats what our biggest fear is political persecution to drive home a political point, Davis said. Thats the unwritten message. If you go against the government, then were going to shut you down. And were going to throw you into prison and throw away the key.

Record might engender sympathy

President Barack Obama prosecuted more leakers than all other presidents before him combined, and though the Winner case is the first under Trump, the new president has demanded the Department of Justice find and prosecute more.

Under Trump, even the definition of leaker has expanded. On Friday, the president called James Comey, the FBI director he fired amid probes into Russia election meddling, a leaker, although the contents of the memo Comey told Congress he had distributed to the press do not appear to qualify as classified information.

Joshua Lowther, a criminal defense attorney in Atlanta, said Winner could make a sympathetic defendant. Shes a six-year veteran of the Air Force awarded a commendation for her intelligence work, which helped kill and capture hundreds of enemy combatants.

One of Winners potential defenses is to highlight that history of service to her country, including in the decision whether misguided or principled to leak material about Russian influence on the 2016 presidential election that she believed the public needed to know, Lowther said.

In court Thursday, prosecutors sought to shoot down that line of defense with explosive allegations she expressed sympathies to American enemies and wanted to burn the White House, Lowther said.

The government thinks this is someone who deserves to be prosecuted severely, Lowther said.

So far, though, the prosecutions picture of Winner as a danger to the nation doesnt fully square with the material she is alleged to have leaked, said Kenneth Geers, a senior fellow at international affairs think tank Atlantic Council.

Geers, a former NSA and Defense Department analyst, said what Winner allegedly leaked and where she sent the information to the whistleblower website, The Intercept makes it appear she acted out of conscience.

When I read the (original Intercept) article I thought this is a person who might be a Bernie supporter, said Geers, referring to Bernie Sanders, the U.S. senator from Vermont and former Democratic presidential candidate.

Unless prosecutors uncover that Winner compromised more sensitive information, something that would aide an adversary or wound U.S. interests abroad, the case doesnt seem to support the argument that shes a jihadist, Geers said.

I dont know her state of mind or logic, but it seems like if she were a jihadist, only releasing information about the election doesnt make a lot of sense, Geers said.

Prosecutors do not have to prove harm

Not all leak cases are treated equally.

Former CIA Director Gen. David Petraeus and Marine Gen. James Cartwright avoided lengthy prison sentences by pleading to lesser charges. Winner fits into the pattern of the Justice Department throwing the book at lower level employees, said Edward MacMahon, a veteran criminal defense lawyer versed in national security cases.

MacMahon was part of the defense team for Jeffrey Sterling, a former CIA operative who was convicted of espionage and sent to prison for leaking details of a secret U.S. operation to sabotage Irans nuclear program to a New York Times reporter.

Though the Winner case is slated to be tried in federal court in Augusta, it will be directed from Washington by the Counterintelligence and Export Control Section of the Justice Departments National Security Division.

The government will put enormous resources into trying this case, MacMahon said.

Prosecutors will attempt to prove that Winner had access to the classified material, gave it to persons without that access and that they can exclude other possible suspects.

The salacious allegations of sympathizing with enemies only ups the ante.

Prosecutors also have a significant advantage: they do not have to prove the leak caused harm to the nation.

They dont have to prove actual harm, they only have to prove the possibility of harm, he said. Its been challenged in court as vague but no court has ever overturned a conviction from it.

Staff writers Johnny Edwards and Jeremy Redmon contributed to this report.

See original here:
Accused NSA leaker may be treated harshly as an example, experts say - MyAJC

Liberal television personality Rosie ODonnell confirmed that she donated $1,000 to a GoFundMecampaign set up for the family of Reality Winner, the25-year-old NSA contractor accused of illegally leaking classified intelligence documents.

Winner, who was arrested Tuesday for giving classified documents to the website The Intercept,has pleaded not guilty to one count of willful retention and transmission of national defense information. If convicted, she faces up to 10 years in prison.

This is part of the description from the GoFundMe page:

LETS STAND UP WITH REALITY LEIGH WINNER AND HER FAMILY!

It is a Difficult time for Reality Winner and her family. Please show your love and support with kind messages and a monetary donation if you feel led to do so.

This is a time to come together and unite in peace and hope and show the world LOVE ALWAYS WINS over hate! Good resists even when evil persists!

These funds will be able to assist with loss of wages, counseling from this traumatic experience and tobe able to recover from this as Reality & her family rebuilds theirlives. Possible expenses for travel for the family and anything they might need to help them through these troubled times.

ODonnell praised Winner as a brave young patriot in a tweet.

The page may violate GoFundMes terms of service, which prohibits establishing a campaign for the defense or support of anyone alleged to be involved in criminal activity. But that doesnt bother liberals like ODonnell, who sees Winner as a victim rather than as a traitor to her country.

Originally posted here:
Rosie O'Donnell Donates $1000 to NSA Leaker's GoFundMe Page - Accuracy In Media (blog)