Skip to main content

The NSA claims its systems are too complex to stop deleting incriminating data

spying is expensive nsa surveillance program may cost more than 35 billion seal
Image used with permission by copyright holder

The NSA is claiming that its systems are so complex that it cannot prevent the destruction of evidence that may be damaging to its case in a lawsuit against privacy group Electronic Frontier Foundation (EFF). 

In the case in question, Jewel vs. NSA, which was filed in 2008, the EFF sued the NSA on behalf of AT&T customers. The EFF claims that the NSA unlawfully collected information and records of Americans’ Internet and telephone use. Last week, U.S. District Court Judge Jeffrey White issued an emergency order that prohibited the NSA from destroying data that the EFF had asked for in the lawsuit. The agency is fighting the directive. According to the Washington Post, the NSA is arguing that holding on to the data it collects about the phone and Internet activities of American citizens is too burdensome.  

Recommended Videos

“A requirement to preserve all data acquired under section 702 presents significant operational problems, only one of which is that the NSA may have to shut down all systems and databases that contain Section 702 information,” said NSA Deputy Director Richard Ledgett in a court filing.

“Communications acquired pursuant to Section 702 reside within multiple databases contained on multiple systems and the precise manner in which NSA stays consistent with its legal obligations under the [FISA Amendments Act] has resulted from years of detailed interaction,” he added.

Section 702 refers to a portion of the Amendments Act of the Foreign Intelligence Surveillance Act. The legislation, which allowed the NSA to collect “content of communications” such as emails, Facebook messages, and web browsing histories, has been used by the NSA to justify its surveillance activities. 

Declassified documents that contain the testimony of Teresa H. Shea, the agency’s director for its Signals Intelligence Directorate (SID), outline the prescribed period for retaining the data. “Since May 2006, the NSA has collected bulk telephony metadata pursuant to FISC (Foreign Intelligence Surveillance Court) orders directing telecommunications service providers to produce to the NSA on a daily basis electronic copies of ‘call detail’ records created by the recipient providers for calls to, from, or wholly within the United States,” Shea said.

“To protect U.S. person information the FISC’s orders impose procedures to minimize access to use, dissemination, and retention of the data consistent with the need to acquire, produce and disseminate foreign intelligence information. Among these is the requirement to destroy all bulk telephony metadata obtained under the FISC’s Section 215 orders within five years (60 months) of the data’s collection,” Shea said.  

Ledgett also stated that the agency erases data through “a combination of technical and human-based processes.”

The EFF is using the NSA’s argument to its advantage. Cindy Cohn, the EFF’s legal director, said that the agency’s inability to track the data it collects shows the dangers of conducting such a wide-reaching surveillance program.

“To me, it demonstrates that once the government has custody of this information even they can’t keep track of it anymore even for purposes of what they don’t want to destroy,” she told the Washington Post. “With the huge amounts of data that they’re gathering it’s not surprising to me that it’s difficult to keep track– that’s why I think it’s so dangerous for them to be collecting all this data en masse.” 

The EFF’s full complaint can be found here. If you want a more detailed look at how the NSA collects your phone and Internet records, you can read Shea’s testimony here. However, know that some details are still hidden because parts of Shea’s comments have been redacted.

Christian Brazil Bautista
Christian Brazil Bautista is an experienced journalist who has been writing about technology and music for the past decade…
Everything you need to know about the OnePlus 13
Official OnePlus 13 product renders showing rear panel colors.

OnePlus is an excellent brand that offers powerful flagship phones at a great value compared to some of its competitors. We followed every rumor about the OnePlus 13 for months, but now it's here — and it's everything we hoped for. It might not be available in the Western market yet, but it will be soon.

So, what makes the OnePlus 13 so special? Here's everything you need to know about OnePlus' latest flagship.
When is the OnePlus 13 being released?

Read more
Qualcomm Snapdragon 8 Elite vs. MediaTek Dimensity 9400: the race is on
Comparison of Qualcomm Snapdragon 8 Elite and MediaTek Dimensity 9400 processors.

The flagship mobile silicon race has entered its next phase, one that will dictate the trajectory of Android hardware heading into 2025. Merely weeks after MediaTek wowed us with the Dimensity 9400 system on a chip (SoC), Qualcomm also pulled a surprise with the reveal of the Snapdragon 8 Elite.

But this time around, the battle is not as straightforward. Where MediaTek is working closely with Arm and adopting its latest CPU and graphics innovations, Qualcomm has firmly put its faith in custom cores. These are no ordinary cores, but a next-gen iteration of the same fundamental tech stack that powers Windows on ARM laptops.

Read more
Discolored line on your new Kindle? You aren’t alone
Amazon Kindle Colorsoft Signature Edition on a table.

The new Kindle Colorsoft Signature Edition is the first full-color e-reader, and a lot of bookworms couldn't wait to get their hands on it. Sadly, many people are reporting the display has a discolored yellow area at the bottom of the screen. The problem is so widespread that the Kindle Colorsoft dropped to an average review rating of 2.6 out of 5, although it does remain the bestselling e-book reader at the moment.

The cause of the discoloration isn't clear. Some users report that it only happens when using the edge lighting feature on the Kindle, while others say it appeared after a software update. Either way, the yellowing is a problem, especially on a device that Amazon has marketed as being great for comics and graphic novel fans. It's hard to enjoy the colorwork in a comic when it's distorted.

Read more