Based Underground is now a conservative news aggregator AND curated newsletter.
The Privacy and Civil Liberties Oversight Board (PCLOB) has concluded its six-year investigation into Executive Order 12333, one of the most sprawling and influential authorities that enables the U.S. government’s mass surveillance programs. The result is a bland, short summary of a classified report, as well as a justified, scathing, and unprecedented unclassified statement of opposition from PCLOB member Travis LeBlanc.
Article by Matthew Guariglia and Cindy Cohn from EFF.
- Concerned about your life’s savings as the multiple challenges decimate retirement accounts? You’re not alone. Find out how Genesis Precious Metals can help you secure your wealth with a proper self-directed IRA backed by physical precious metals.
Let’s start with the fact that the report is still classified—the PCLOB is supposed to provide public access to its work “to the greatest extent” consistent with the law and the needs of classification. Yet the public statement here is just 26 pages describing, rather than analyzing, the program. Nothing signals to the public a lack of commitment to transparency and a frank assessment of civil liberties violations like blocking the public from even reading a report about one of the most invasive U.S. surveillance programs.
Member LeBlanc rightly points out that, at a minimum, the PCLOB should have sought to have as much of its report declassified as possible, rather than issuing what he correctly criticizes as more like a “book report” than an expert legal and technical assessment.
The PCLOB was created after a recommendation by the 9/11 Commission to address important civil liberties issues raised by intelligence community activities. While its first report about Section 215 was critical in driving Congress to scale back that program, other PCLOB reports have been less useful. EFF sharply disagreed with the Board’s findings in 2014 on surveillance under FISA Section 702, especially where it found that the Section 702 program is sound “at its core,” and provides “considerable value” in the fight against terrorism—despite going on to make ten massive recommendations for what the program must do to avoid infringing on people’s privacy.
But even by the standards of past PCLOB reports, this latest report represents a new low, especially when addressing the National Security Agency’s XKEYSCORE. XKEYSCORE is a tool that the NSA uses to sift through the vast amounts of data it obtains, including under Executive Order 1333. As the Guardian reported in 2013 based upon Edward Snowden’s revelations, XKEYSCORE gives analysts the power to watch—in real time—anything a person does on the Internet. There are real issues raised by this tool and, as LeBlanc notes, other than by the PCLOB, the XKEYSCORE program is “unlikely to be scrutinized by another independent oversight authority in the near future.”
LeBlanc writes that his opposition to the report stems from:
- The unwillingness of the investigation into Executive Order 12333 to scrutinize modern technological surveillance issues, such as algorithmic decision making, and their impact on privacy and civil liberties;
- A failure of the Board majority to investigate and evaluate not just how XKEYSCORE can query online communications that the NSA already has, but the legal authority and technological mechanisms that allow it to collect that data in the first place;
- The decision to leave out of the report any analysis of the actual effectiveness, costs, or benefits of XKEYSCORE;
- The haphazard and unthoughtful way the NSA defended its legal justification for the program’s use—and the Board’s unwillingness to probe into any possible issues of compliance;
- A vote to exclude LeBlanc and Board member Ed Felten’s additional recommendations from the report;
- The unwillingness of the Board to attempt to declassify the full report or inform the public about it, which LeBlanc labels as “inexcusable,” and,
- The unconventional process by which the Board voted to release the report.
Any one of these concerns would be significant.Taken together they are a scathing indictment of an oversight board that appears to be unable or unwilling to exercise actual oversight.
As LeBlanc notes, there is so much about XKEYSCORE and the NSA’s operations under Executive Order 12333 that require more public scrutiny and deep analysis of their legality. But it seems impossible to achieve this under the current regime of overbroad secrecy and PCLOB’s refusal to play its role in both analyzing the programs and giving the public the information it needs. LeBlanc rightly notes that the report ignores the “collection” of information and that both collection and querying “are worthy of review for separate legal analysis, training, compliance and audit processes.” As we have long argued, this analysis is important “whether the collection and querying activities are performed by humans or machines.”
He also notes that the PCLOB failed to grapple with so-called “incidental” collection—how ordinary Americans are caught up in mass surveillance even when they are not the targets. And he notes that the PCLOB failed to investigate compliance and accepted a legality analysis of XKEYSCORE by the NSA’s Office of General Counsel that appears to only have been written after the PCLOB requested it, despite the program operating for at least a decade before. What’s more, the review fails to take into consideration the Supreme Court’s more modern analysis of the Fourth Amendment. Those are just some of his concerns—all of which we share.
Nor did the PCLOB analyze the effectiveness of the program. Basic questions remain unanswered, like whether this program has ever saved any lives. Or whether, like so many other mass surveillance programs, any necessary information it gathered could not be gathered in another manner? These are all important questions that we deserve to know—and that at least one member of the PCLOB board agrees we deserve to know.
On December 4, 1981, Ronald Reagan signed Executive Order 12333, which gave renewed and robust authorities to the U.S. intelligence community to begin a regime of data collection that would eventually encompass the entire globe. Executive Order 12333 served as a damning pivot after less than a decade of reforms and mea culpas. The 1975 report of the Church Committee revealed, and attempted to end, three decades of lawless surveillance, repression, blackmail, and sabotage that the FBI, CIA, and NSA wrought onto Americans and the rest of the world. Executive Order 12333 returned the intelligence community to its original state: legally careless, technically irresponsible, and insatiable for data.
Twenty-three years after Reagan signed Executive Order 12333, PCLOB was established as a counterbalance to the intelligence community’s free reign over the years. But it’s clear that despite some early achievements, the PCLOB is not living up to its promise. That’s why cases like EFF’s Jewel v. NSA, while not about XKEYSCORE or Executive Order 13333 per se, are critically important to ensure that our constitutional and statutory rights remain protected by the courts, since independent oversight is failing. But at minimum, the PCLOB owes the public the truth about mass surveillance—and even its members are starting to see that.
New Conservative Network Seeks Crowdfunding Help
They say we have to go big or go home. We’re trying to go big and bring the patriotic truth the the nation, but we need help.
Readers may or may not realize that over the past year, we’ve been bringing more conservative news and opinion outlets under our wing. Don’t take our expansion as a sign of riches; all of the “acquisitions” have been through sweat and promises of greater things to come for all involved. As a result, we’ve been able to bring together several independent media sites under a unified vision of preventing America from succumbing to the progressive, “woke,” Neo-Marxist ideologies that are spreading like wildfire across America.
The slow and steady reopening of America is revealing there was a lot more economic hardship brought about from the Covd-19 lockdowns than most realize. While we continue to hope advertising dollars on the sites go up, it’s simply not enough to do things the right way. We are currently experiencing a gap between revenue and expenses that cannot be overcome by click-ads and MyPillow promos alone (promo code “NOQ” by the way).
To overcome our revenue gap and keep these sites running, our needs fluctuate between $3000-$7000 per month. In other words, we’re in the red and hemorrhaging.
The best way you can help us grow and continue to bring the truth to the people is by donating. We appreciate everything, whether a dollar or $10,000. Anything brings us closer to a point of stability when we can hire writers, editors, and support staff to make the America First message louder. Our Giving Fuel page makes it easy to donate one-time or monthly. Alternatively, you can donate through PayPal as well.
As the world spirals towards radical progressivism, the need for truthful journalism has never been greater. But in these times, we need as many conservative media voices as possible. Please help keep NOQ Report and the other sites in the network going.
Thank you and God Bless,
JD Rucker
Bitcoin: 32SeW2Ajn86g4dATWtWreABhEkiqxsKUGn
TRENDING ARTICLES
OMG: O’Keefe Media Group Exposes Disney’s “Gender Expression Transitioning” Program
by Liberty One News
On Thursday, O’Keefe Media Group disclosed internal documents that uncover Disney’s Gender Expression and Transitioning programs. The G.E.T. program advocates for modifying one’s natural body, and the documents further expose Disney’s health insurance plans covering genital mutilation surgeries. Per James O’Keefe: REVEALED: O’Keefe Media reveals internal videos and documents exposing…
Track Coach Sues After Allegedly Being Fired For Opposing Policy Allowing Male Athletes In Female Sports
by Daily Caller
An Oregon high school track and field coach filed a lawsuit Thursday claiming he was improperly fired after stating that biological males had an unfair advantage against female athletes. John Parks was fired in June after sending a letter to the Oregon School Activities Association (OSAA) suggesting the regulatory agency…
“They’re Starting Brutal Attacks”: James Carville Says Cackling Kamala’s “Best Day” of the Campaign Is Already Behind Her
by The Liberty Daily
Democratic strategist James Carville on Wednesday declared the “best day” of Vice President Kamala Harris’ presidential run is already behind her. Biden abruptly withdrew from the presidential race on Sunday and endorsed Harris, who is running based on a Democratic Party insider vote with almost no primary voter approval, after…
5 Ways Kamala Harris’s Democrat and Media Enablers Are Gaslighting America
by Breitbart
Vice President Kamala Harris’s Democrat and mainstream media allies are gaslighting American voters in five ways as her presidential campaign gets underway with just over 100 days to election day. The manipulation is being carried out in various forms: the covering up of President Joe Biden’s apparent cognitive decline, claims…
Major Study of 9 Million Confirms COVID Shots Cause VAIDS
by Slay News
An explosive new study, which analyzed the data of nine million people, has sent shockwaves through the scientific community after proving that Covid mRNA shots are responsible for the global surge in cases of AIDS-like vaccine-acquired immunodeficiency syndrome (VAIDS). The peer-reviewed study was conducted by a team of world-renowned South…
The Secret Service Was Obviously Going to Be the Next Vehicle of the Deep State
by The Federalist
Was the assassination attempt a failure because Trump survived? Or was it a failure because he was shot in the first place? The since-resigned Secret Service director conceded before House lawmakers Monday that this month’s shooting of former President Donald Trump was the worst agency security failure since President Ronald…
Emhoff’s Ex Opens up About Kamala Parenting Her Kids
by Headline USA
Kerstin Emhoff, the first wife of Second Gentleman Doug Emhoff, has spoken up about the non-existent attacks aimed at Vice President Kamala Harris for having no biological children. In remarks to CNN on Thursday, Emhoff claimed that Harris has acted as a parent to her children, Ella and Cole Emhoff,…
Illegal Alien ‘Got-Away’ Accused of Killing Nashville Restaurateur Matt Carney
by Breitbart
An illegal alien “got-away” has been accused of killing 42-year-old Matthew Carney, the owner of the Smokin Thighs restaurant in Nashville, Tennessee, in a hit-and-run crash. Ulises Raigoz-Martinez, a 24-year-old illegal alien from Mexico, has been charged with criminal homicide, tampering with evidence, vehicle theft, criminal impersonation, and evading arrest…
Kamala Ran S.F. Program That Helped Illegals Who Were Arrested Avoid Deportation
by Headline USA
As San Francisco’s district attorney, Kamala Harris ran a program that helped illegal immigrants arrested for drug crimes avoid deportation, get jobs, and even have their records expunged. The “Back on Track” program was run by the San Francisco district attorney’s office while Harris was district attorney from 2004 to…
Hamas Lovers Hit New Low in D.C. Protest
by PJ Media
So you saw the latest batch of Hamas lovers burning American flags, releasing maggots, and vandalizing our monuments in Washington, D.C., recently since Israel’s Prime Minister Benjamin Netanyahu visited. My friend Stephen Kruiser discussed it a bit in his latest Morning Briefing, as did Athena Thorne, who went into more…
Congress Ordered Research into Military Covid Shot Injuries
by Infowars
Congress has included a provision in the National Defense Authorization Act (NDAA) for fiscal year 2024 directing the U.S. Department of Defense (DoD) to investigate the negative health outcomes on military personnel following administration of the Covid vaccination. “Study and report on health conditions of members of the Armed Forces…
FBI Director Debunks Biden’s Claim That J6 ‘Gallows’ Were Designed to Hang Mike Pence
by Headline USA
President Joe Biden said in a recent speech that the infamous gallows built on Capitol Hill on Jan. 6, 2021, were “erected to hang Vice President Mike Pence.” That’s a strong claim coming from the sitting—at least for now—leader of the free world. Rep. Thomas Massie, R-Ky., asked FBI Director…
Legal Group Launches Several Investigations Focusing On Kamala Harris’ Record, Use of Campaign Funds
by Trending Politics
“A lot of her tough on crime reputation goes to her prosecution when she was San Francisco DA, individuals who use marijuana and other sorts of things,” AFL President Dan Epstein said in a statement to Fox News. “Our investigation, however, makes it very clear that Kamala Harris does not…
Kamala Harris Once Mocked Trump’s Warning of Terrorists Crossing Through Border
by Daily Caller
Vice President Kamala Harris mocked the idea that a border wall was necessary to keep terrorists from entering the country during a February 2019 interview in New Hampshire. During the sit-down interview with WMUR-TV, then-Democratic California Sen. Harris mocked President Donald Trump’s assertion that a massive border wall between the…
Ultra-Processed Foods Are Harming Children: What’s Being Done About It?
by The Epoch Times
Ultra-processed foods have become a significant part of many children’s diets, and it may come as no surprise that such foods come with a cost. A cross-sectional study published in JAMA in May revealed that children who consumed high amounts of ultra-processed foods exhibited higher body mass index, waist circumference,…
Democrats Urge OpenAI to Allow Government Access to Models Before They Go Public
by Reclaim the Net
Five Democrat senators have penned a letter to OpenAI CEO Sam Altman, as a form of not-so-subtle pressure to commit “to making its next foundation model available to US Government agencies for pre-deployment testing, review, analysis, and assessment.” But, “pre-deployment testing by government agencies?” Are these guys sure this is…
These Important Election Integrity Initiatives Might Be On Your 2024 Ballot
by The Federalist
From voter ID to mail-in voting, these proposed ballot measures could significantly alter the way states administer their elections. While most political pundits are focused on the pending matchup between former President Donald Trump and (presumably) Vice President Kamala Harris, a major facet of the 2024 contest that’s not getting…
News from across the conservative media sphere! Subscribe for free to the brand new Based Underground Newsletter for a daily uncensored recap of the news and opinions that are most important to American patriots.