N.S.A.’s Intercepts Exceed Limits Set by Congress

Erich Lichtblau and James Risen, writing in today's New York Times

The National Security Agency intercepted private e-mail messages and phone calls of Americans in recent months on a scale that went beyond the broad legal limits established by Congress last year, government officials said in recent interviews.

Several intelligence officials, as well as lawyers briefed about the matter, said the N.S.A. had been engaged in “overcollection” of domestic communications of Americans. They described the practice as significant and systemic, although one official said it was believed to have been unintentional.

The legal and operational problems surrounding the N.S.A.’s surveillance activities have come under scrutiny from the Obama administration, Congressional intelligence committees and a secret national security court, said the intelligence officials, who spoke only on the condition of anonymity because N.S.A. activities are classified. Classified government briefings have been held in recent weeks in response to a brewing controversy that some officials worry could damage the credibility of legitimate intelligence-gathering efforts.

The Justice Department, in response to inquiries from The New York Times, acknowledged Wednesday night that there had been problems with the N.S.A. surveillance operation, but said they had been resolved.

As part of a periodic review of the agency’s activities, the department “detected issues that raised concerns,” it said. Justice Department officials then “took comprehensive steps to correct the situation and bring the program into compliance” with the law and court orders, the statement said. It added that Attorney General Eric H. Holder Jr. went to the national security court to seek a renewal of the surveillance program only after new safeguards were put in place.

In a statement on Wednesday night, the N.S.A. said that its “intelligence operations, including programs for collection and analysis, are in strict accordance with U.S. laws and regulations.” The Office of the Director of National Intelligence, which oversees the intelligence community, did not address specific aspects of the surveillance problems but said in a statement that “when inadvertent mistakes are made, we take it very seriously and work immediately to correct them.”

The questions may not be settled yet. Intelligence officials say they are still examining the scope of the N.S.A. practices, and Congressional investigators say they hope to determine if any violations of Americans’ privacy occurred. It is not clear to what extent the agency may have actively listened in on conversations or read e-mail messages of Americans without proper court authority, rather than simply obtained access to them.

Certainly, a lot more Americans have been wire-tapped than we know.

From the above Times article (my emphasis): The Office of the Director of National Intelligence, which oversees the intelligence community, did not address specific aspects of the surveillance problems but said in a statement that “when inadvertent mistakes are made, we take it very seriously and work immediately to correct them.”

I won't hold my breath. Telecoms being held accountable? Heh. These are abuses that have been continuing in the past months, not just during the Bush era. Richard Seymour/Lenin's Tomb:

Glenn Greenwald points out that Obama's position on state secrecy and torture not only adopts the most authoritarian and extreme positions of the Bush administration, but goes farther by claiming a radical kind of 'sovereign immunity' to ensure that torture victims get no redress and no one ever finds out about it. He also notes that the Department of Justice under Eric Holder now wants total immunity from wiretapping prosecutions.

Thomas Tamm, the whistleblower who exposed the warrantless wiretaps, and Glenn Greenwald are interviewed on Democracy Now! today - check the site mid-day for the video of the program.