February 5, 2014
The US National Security Agency likely collects intelligence on congressional lawmakers and members of their staff, a Justice Department official admitted at a committee hearing on Tuesday.
Deputy Attorney General James Cole of the US Department of Justice testified during a House Judiciary Committee hearing which was examining proposals to reform the NSA surveillance policies that have been revealed in an ongoing series of disclosures since June. Among the most damning revelations leaked by former NSA contractor Edward Snowden was the realization that the NSA indiscriminately forces companies to provide phone records belonging to millions of Americans.
Representative Darrell Issa (R-CA.) pressed Cole Tuesday on whether the NSA dragnet includes the number codes that pertain to congressional offices.
“Mr. Cole, do you collect 202-225 and four digits afterwards?” Issa asked, as quoted by the National Journal.
“We probably do, Mr. Congressman,” Cole replied. “But we’re not allowed to look at any of those, however, unless we have reasonable, articulable suspicion that those numbers are related to a known terrorist threat.”
This admission is not the first time members of Congress were given a clue that their activities might be being monitored. Earlier this month, Senator Bernie Sanders – an Independent who represents Vermont – sent a letter to the intelligence agency asking whether democratically elected legislators are being spied upon.
Sanders included in his definition of spying “gathering metadata on calls made from official or person phones, content from websites visited or emails sent, or collecting any other data from a third party not made available to the general public in the regular course of business.”
The agency replied to Sanders the next day with a somewhat cryptic response.
“NSA’s authorities to collect signals intelligence data include procedures that protect the privacy of US persons. Such privacy protections are built into and cut across the entire process. Members of Congress have the same privacy protections as all US persons,” the NSA stated.
House Intelligence Committee Chairman Mike Rogers (R-Mich.) used the same hearing to suggest that Glenn Greenwald – one of the few journalists who have published details on the Snowden leak – should be prosecuted. Rogers broached the issue multiple times, claiming that Greenwald is selling classified US intelligence secrets to news organizations.
“For personal gain, he’s now selling his access to information, that’s how they’re terming it…A thief selling stolen material is a thief,” Rogers said after an exchange with FBI director James Comey.
Greenwald has publicly asserted that he is in possession of a trove of documents leaked by Snowden, with stories based on those documents consistently appearing in international publications over the past six months.
“If I’m a newspaper reporter for fill-in-the-blank and I sell stolen material is that legal because I’m a newspaper reporter?” Rogers asked.
“If you’re a newspaper reporter and you’re hawking stolen jewelry, it’s still a crime,” Comey said reluctantly. He added that the issue of a journalist selling access to information was “a harder question” because of “First Amendment implications.”
The main value in bandying about theories of prosecuting journalists is the hope that it will bolster the climate of fear for journalism
— Glenn Greenwald (@ggreenwald) February 4, 2014
The hearing comes just one day after a group of Silicon Valley heavyweights revealed the scope of national security requests they received from the government. Google, Microsoft, Yahoo, Facebook, LinkedIn, and Tumblr have provided figures from 2012 and 2013 showing that tens of thousands of customer accounts were targeted over a six-month period.
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