NSA Violates Court Order by Deleting Data It Was Supposed to Preserve

The NSA shows once again why it’s such a trustworthy agency.

The National Security Agency destroyed surveillance data it pledged to preserve in connection with pending lawsuits and apparently never took some of the steps it told a federal court it had taken to make sure the information wasn’t destroyed, according to recent court filings.

Word of the NSA’s foul-up is emerging just as Congress has extended for six years the legal authority the agency uses for much of its surveillance work conducted through U.S. internet providers and tech firms. President Donald Trump signed that measure into law Friday.

Since 2007, the NSA has been under court orders to preserve data about certain of its surveillance efforts that came under legal attack following disclosures that President George W. Bush ordered warrantless wiretapping of international communications after the 2001 terrorist attacks on the U.S. In addition, the agency has made a series of representations in court over the years about how it is complying with its duties.

However, the NSA told U.S. District Court Judge Jeffrey White in a filing on Thursday night and another little-noticed submission last year that the agency did not preserve the content of internet communications intercepted between 2001 and 2007 under the program Bush ordered. To make matters worse, backup tapes that might have mitigated the failure were erased in 2009, 2011 and 2016, the NSA said.

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New Documents Reveal the NSA Built a Secretive Surveillance Network for Ethiopia

The NSA assisted the government of Ethiopia in using mass surveillance against its citizens, which means that it’s another incident of the NSA partaking in human rights abuses.

In exchange for local knowledge and an advantageous location, the NSA provided the East African nation with technology and training integral to electronic surveillance. “Ethiopia’s position provides the partnership unique access to the targets,” a commander of the U.S. spying operation wrote in a classified 2005 report. (The report is one of 294 internal NSA newsletters released today by The Intercept.)

The NSA’s collaboration with Ethiopia is high risk, placing the agency in controversial territory. For more than a decade, Ethiopia has been engaged in a fight against Islamist militant groups, such as Al Qaeda and Shabab. But the country’s security forces have taken a draconian approach to countering the threat posed by jihadis and stand accused of routinely torturing suspects and abusing terrorism powers to target political dissidents.

“The Ethiopian government uses surveillance not only to fight terrorism and crime, but as a key tactic in its abusive efforts to silence dissenting voices in-country,” says Felix Horne, a senior researcher for Human Rights Watch. “Essentially anyone that opposes or expresses dissent against the government is considered to be an ‘anti-peace element’ or a ‘terrorist.’”

[…]

The NSA refused to comment on whether Lion’s Pride continues to eavesdrop on the region, but no evidence suggests it was ever shut down. There is, however, good reason to believe that U.S. efforts have strengthened the hand of the Ethiopian government. And a decade and a half after it was launched, Ethiopia’s human rights record remains as dismal as ever.

“Governments that provide Ethiopia with surveillance capabilities that are being used to suppress lawful expressions of dissent risk complicity in abuses,” says Horne. “The United States should come clean about its role in surveillance in the Horn of Africa and should have policies in place to ensure Ethiopia is not using information gleaned from surveillance to crack down on legitimate expressions of dissent inside Ethiopia.”