On the NSA, this is what happens when reports conflate the Bush and Obama administrations.

[ProSense]

NSA under renewed fire after report finds it violated its own privacy rules

Revelations that NSA collected records it was not permitted to acquire pile further pressure on intelligence chief James Clapper

Spencer Ackerman

<...>

Such inappropriate or unlawful retention ranged from what an administration official told the Post was human error, to seeming technological flaws, to collection efforts that inherently involved transgressing the few boundaries that have existed on NSA bulk collection since 2008, when Congress broadened a basic law of surveillance, the Foreign Intelligence Surveillance Act.

In one such case, an unspecified "incident" led to the retention of 3,032 files that the secret Fisa court had ordered NSA to destroy. Another involved the diversion of international communications traffic passing over through fiber-optic cables in the United States into a "repository" for temporary "processing and selection" – something that the Fisa court in 2011 ruled a violation the fourth amendment of the US constitution.

A third involved the interception of an unspecified "large number" of phone records from the Washington DC 202 area code in 2008, when an NSA "programming error" improperly entered 202 instead of 20, the country code for Egypt. The Post reported that the NSA did not report that improper interception of American communications to Congress or the Fisa court.

The overcollection revelations follow earlier disclosures by the Guardian last week that the NSA has the authority to conduct searches for Americans' identifying information in databases intended for surveillance on foreigners.

- more -

http://www.theguardian.com/world/2013/aug/16/nsa-violated-privacy-rules-audit

Not only did the one incident cited as being not reported to Congress happen under Bush, but also WaPo's characterization of it left the impression it was about actual calls, not metadata, which is how it's characterized in the piece above.

The NYT flagged the correction.

Correction: August 16, 2013

An earlier version of this article inaccurately portrayed an incident in 2008 involving a mix-up of the area code of Washington, D.C., 202, and the international dialing code of Egypt, 20. While the Washington Post initially described this incident as involving the “interception” of calls placed from Washington, the Post later explained that it involved the collection of “metadata” logs about the calls. It is not the case that the N.S.A. “recorded” the calls.

http://www.nytimes.com/2013/08/16/us/nsa-often-broke-rules-on-privacy-audit-shows.html

From the NYT article.

N.S.A. Often Broke Rules on Privacy, Audit Shows

By CHARLIE SAVAGE

WASHINGTON — The National Security Agency violated privacy rules protecting the communications of Americans and others on domestic soil 2,776 times over a one-year period...The violations, according to the May 2012 audit, stemmed largely from operator and system errors like “inadequate or insufficient research” when selecting wiretap targets.

The largest number of episodes — 1,904 — appeared to be “roamers,” in which a foreigner whose cellphone was being wiretapped without a warrant came to the United States, where individual warrants are required. A spike in such problems in a single quarter, the report said, could be because of Chinese citizens visiting friends and family for the Chinese Lunar New Year holiday.

“Roamer incidents are largely unpreventable, even with good target awareness and traffic review, since target travel activities are often unannounced and not easily predicted,” the report says.

- more -

http://www.nytimes.com/2013/08/16/us/nsa-often-broke-rules-on-privacy-audit-shows.html

The reports are still about metadata, and it appears the minimization and reporting procedures the Obama administration put in place are being followed. Obviously, the problem is with the scope of the law and the lack of vigorous oversight by those charged with that responsibility.

NSA statements to The Post
http://www.democraticunderground.com/10023469856

[blm]

1. I noticed immediately the corpmedia's use of Bush-era episodes to divert blame to Obama

as part of the rehabbing Bush legacy tour they've been an active part of all summer.

[ProSense]

4. Exactly. n/t

[WilliamPitt]

2. It still happened.

Knee-jerk Obama defense notwithstanding, it happened, and continued happening through 2012. Pointing out the fact that some of it happened during the Bush administration is a dodge, and far away from the point.

It happened.

[ProSense]

3. Yes,

"It still happened....Knee-jerk Obama defense notwithstanding, it happened, and continued happening through 2012. Pointing out the fact that some of it happened during the Bush administration is a dodge, and far away from the point. "

...it happened in 2008, and "knee-jerk" deflection "notwithstanding," my point about the Obama administration's minimization and reporting procedures stands.

[Cha]

22. Oh, the fooking irony.

"..Knee jerk Obama defense.."

[blm]

16. Because it was institutionalized in the years before Obama took office.

I didn't vote for Obama believing he was going to end all the programs that I knew had been around for a decade.

Think about TIA. I certainly never believed TIA program was ever shut down in 2003 after it became more public.

Did you?

And did you vote for Obama believing that all the NSA programs we knew about for so many years and that were institutionalized by 2006 would be ended?

[burnodo]

23. So you're excusing Obama?

It's all good because he became President after these criminal activities were entrenched? That does not excuse him or his complicity. If we can't hold Democratic leaders to certain moral and ethical standards, then...what's the freakin' point??

[blm]

29. No, I'm not. I'm also aware that he has a fairly weak presidency, unable to accumulate

the power in DC to overturn an intel machine that has been dominated by BushInc since the mid70s.

[ProSense]

5. Kick! n/t

[JDPriestly]

6. My quarrel is precisely with the metadata. The collection of metadata is way too intrusive.

The government should not be interested in the names of people and organizations to whom I send e-mails or make phone calls.

It's the metadata collection that is the problem in my view.

If the "inadvertent" abuses happened under Bush, then Obama is politically foolish and remiss to have failed to prosecute the responsible parties in the Bush administration.

Rank and file DUers have warned and criticized all along that Obama is intimidated by and unwilling to confront Republicans about the very long list of terrible abuses including rendition and torture by the Bush administration.

That has been a major failing of his administration.

He needed to make it very, very clear that he was cleaning house. He kept on a lot of people and still continues to keep on a lot of really troubling holdovers from the Bush and other previous administrations. He should have swept fresh with his new broom. That is what people wanted when they voted for him. And now he seems to appoint as many and in some areas more Republicans than Democrats to important posts.

Normally a bipartisan administration is a good idea. But the Republican Party of our day is so extreme that Obama should exclude them from his administration unless they are really very liberal and have stood up against the extremists in the Republican Party.

If Obama appoints Summers as Fed Chair or compromises on programs vital to the survival of millions of Americans like food stamps and Social Security and Medicare, he will pay a political price. And gradually, as the NSA scandal sinks in, he will pay a political price for having failed to roll some heads about it and make some of the scandal public a long time ago.

[ProSense]

8. The prosecution

It's the metadata collection that is the problem in my view.

If the "inadvertent" abuses happened under Bush, then Obama is politically foolish and remiss to have failed to prosecute the responsible parties in the Bush administration.

...of Bush is a separate issue. The fact is that Bush actually spied on Americans. He bypassed the FISA court entirely to carry out his illegal activities.

The collection of metadata, while you say it's "the problem," isn't illegal.

[JDPriestly]

11. We don't yet know whether the collection of the metadata that is now going on is legal or not.

The only case on the pen registers was decided in the late 1970s long before PC or Apple Mac or I-Phone became household words, long before we all began to use e-mails and Google searches. We really can't say whether the metadata collection will be deemed constitutional or not. I suspect not considering that it is secret and that it impedes or chills the exercise of a number of our fundamental rights.

It is particularly troubling that the metadata of members of Congress, the press and lawyers is being collected. That makes it very difficult for whistleblowers who are not able to get the assistance of their superiors to talk to Congress, the press or even lawyers. That makes a lie of Obama's assurance that whistleblowers can be protected through his administrative measures.

If you are a whistleblower and you call your lawyer, your Congressman or a reporter to discuss your suspicion that you are seeing abuse at your job with the government, the NSA can look at your metadata and know precisely which member of Congress, which lawyer and which reporter you spoke to and when. You can't even make an appointment to talk to someone in their office.

So, there is no protection for whistleblowers if the NSA is collecting metadata. And no fancy proclamations from the president's office can change that simple fact.

[ProSense]

12. It's legal. The question is whether it's violates the Constitution.

It's explicitly illegal to spy on Americans. The collection of metadata is not illegal.

Still, there is no reason Congress can't rein in the program, and strengthen oversight.

[JDPriestly]

13. Congress needs to rewrite our law on the classification and more clearly and narrowly define what

may be made secret.

[ProSense]

15. There is nothing preventing Congress from acting. n/t

[JDPriestly]

18. Precisely. They are all, including Obama, afraid to lead on this issue because of the bullies

like Limbaugh who will use their bullhorns and elbows to try to persuade people this would be dangerous and damaging to American interests.

I remember talking many years ago to someone from Eastern Europe about just personal things. Suddenly that person asked me if it was true that an American could choose alternative service to the draft. I told my friend about conscientious objectors. My friend was stunned -- in a very good way.

When we dare to allow ourselves to be truly free, we do more to dispel lies than when we lie and keep secrets and coerce.

If we claim we are free, we have to allow each other freedom. That starts from the top down. President Obama needs to reign in some of the programs including the surveillance program.

[ProSense]

24. No one appears interested in the solutions being proposed

I posted this from Wyden's statement today.

We appreciate the candor of the Chief Judge of the Foreign Intelligence Surveillance Court regarding the Court's inability to independently verify statements made by the executive branch. We believe that the Court is not currently structured in a way that makes it an effective check on the power of the executive branch. This highlights the need for a robust and well-staffed public advocate who could participate in significant cases before the Court and evaluate and counter government assertions. Without such an advocate on the court, and without greater transparency regarding the Court's rulings, the checks and balances on executive branch authority enshrined in the Constitution cannot be adequately upheld.”

http://www.wyden.senate.gov/news/press-releases/wyden-udall-statement-on-reports-of-compliance-violations-made-under-nsa-collection-programs

Blumenthal Unveils Major Legislation To Reform FISA Courts

Thursday, August 1, 2013
(Washington, DC) – Today, U.S. Senator Richard Blumenthal (D-Conn.) – joined by Senators Ron Wyden (D-Ore.) and Tom Udall (D-N.M.) – unveiled two bills that would ensure FISA courts properly balance the need to protect national security with constitutional and statutory requirements to safeguard individual rights to privacy and liberty. The first bill – the FISA Court Reform Act of 2013 – would create a Special Advocate with the power to argue in the FISA courts on behalf of the right to privacy and other individual rights of the American people. The second bill – The FISA Judge Selection Reform Act – would reform how judges are appointed to the FISA courts to ensure that the court is geographically and ideologically diverse and better reflects the full diversity of perspectives on questions of national security, privacy, and liberty.

http://www.democraticunderground.com/10023388210

Blumenthal Applauds President Obama’s Support For Special Advocate In FISA Courts

Blumenthal Introduced Senate Legislation Last Week To Provide For Adversarial Process

Friday, August 9, 2013
(Hartford, CT) – Today, U.S. Senator Richard Blumenthal (D-Conn.) issued the following statement after President Obama announced the he would support appointing a special advocate to the FISA courts to argue on behalf of the right to privacy and other individual rights of the American people. Recently, Blumenthal introduced the FISA Court Reform Act of 2013 , which would create such an advocate.

“I am tremendously pleased to hear President Obama’s support for appointing a special advocate to the FISA courts, an idea that is at the heart of legislation I introduced last week. Recent revelations about the size and scope of the nation’s foreign surveillance activities prove – once again – that the Constitution needs a zealous advocate. My legislation would empower such an advocate to protect precious Constitutional rights if threatened by government overreaching, and thereby strike a critical balance that serves the interests of both liberty and security. The Special Advocate’s client would be the Constitution and the individual rights of the American people. President Obama’s endorsement of this general framework today is a strong step in the right direction.

“As a skilled lawyer, President Obama knows that courts commonly make better decisions when they hear both sides. His support for this commonsense concept should give this cause compelling momentum. His statement reflects that he's receptive to reforms that make the FISA court more open and accountable – more like other federal courts and less like a secret court, making secret law through secret opinions.”

http://www.blumenthal.senate.gov/newsroom/press/release/blumenthal-applauds-president-obamas-support-for-special-advocate-in-fisa-courts

Wyden's calls are pretty much ignored because the focus is on the more hyperbolic elements of his statement.

[David Krout]

7. Even Nancy Pelosi finds today's WAPO report "extremely disturbing" but Prosense doesn't

http://thehill.com/blogs/hillicon-valley/technology/317371-pelosi-nsa-privacy-violations-extremely-disturbing

Let me guess. You do find it extremely troubling now that you learned that Pelosi (one of the least NSA-critical Democrats) found it extremely disturbing? If so, please show a hint in this thread showing that you think that way.

[ProSense]

9. Well,

"Even Nancy Pelosi finds today's WAPO report "extremely disturbing" but Prosense doesn't"

...I read Pelosi's statement.

Pelosi Statement on News Reports of NSA Privacy Violations

August 16, 2013

San Francisco – Democratic Leader Nancy Pelosi released the following statement after the Washington Post reported that the National Security Agency repeatedly violated privacy rules according to an internal audit and other documents:

"Press reports that the National Security Agency broke privacy rules thousands of times per year and reportedly sought to shield required disclosure of privacy violations are extremely disturbing.

"Current laws governing NSA's collection activities contain safeguards to ensure the protection of privacy and civil liberties including provisions that require that incidents of non-compliance be reported to Congress and the FISA Court. Congress must conduct rigorous oversight to ensure that all incidents of non-compliance are reported to the oversight committees and the FISA court in a timely and comprehensive manner, and that appropriate steps are taken to ensure violations are not repeated."

http://www.democraticleader.gov/Pelosi_Statement_on_NSA_Privacy_Violations

I also read the the news reports, including this one:

N.S.A. Often Broke Rules on Privacy, Audit Shows

By CHARLIE SAVAGE

WASHINGTON — The National Security Agency violated privacy rules protecting the communications of Americans and others on domestic soil 2,776 times over a one-year period, according to an internal audit leaked by the former N.S.A. contractor Edward J. Snowden and made public on Thursday night.

The violations, according to the May 2012 audit, stemmed largely from operator and system errors like “inadequate or insufficient research” when selecting wiretap targets.

The largest number of episodes — 1,904 — appeared to be “roamers,” in which a foreigner whose cellphone was being wiretapped without a warrant came to the United States, where individual warrants are required. A spike in such problems in a single quarter, the report said, could be because of Chinese citizens visiting friends and family for the Chinese Lunar New Year holiday.

“Roamer incidents are largely unpreventable, even with good target awareness and traffic review, since target travel activities are often unannounced and not easily predicted,” the report says.

- more -

http://www.nytimes.com/2013/08/16/us/nsa-often-broke-rules-on-privacy-audit-shows.html

(which is being ignored: http://www.democraticunderground.com/10023470095)

My opinion in the OP is based on reading the information. Nancy Pelosi's statment isn't a rebuttal to my opinion.

[Tierra_y_Libertad]

10. So, where are the indictments of the law breakers?

[leftstreet]

14. They're boarding Morales's plane as we speak

Holder will OBVIOUSLY start handing down charges!!

[Cha]

17. Freaking media.. adding gasoline to those with their hair on fire!

Correction: August 16, 2013

An earlier version of this article inaccurately portrayed an incident in 2008 involving a mix-up of the area code of Washington, D.C., 202, and the international dialing code of Egypt, 20. While the Washington Post initially described this incident as involving the “interception” of calls placed from Washington, the Post later explained that it involved the collection of “metadata” logs about the calls. It is not the case that the N.S.A. “recorded” the calls.

http://www.nytimes.com/2013/08/16/us/nsa-often-broke-rules-on-privacy-audit-shows.html

Thanks PS!

[ProSense]

19. You notice how Charlie Savage's piece has been completely ignored? n/t

[Cha]

20. Pesky details.

[kelliekat44]

21. How about "when REPORTERS conflate the Bush and Obama administrations"?

I am getting more and more disgusted with so-called journalists these days.

[DevonRex]

25. As am I. I gave up a long time ago explaining the details of this stuff to DUers. Most don't want

the facts. And ProSense will dig up relevant press coverage so I don't have to risk saying something I shouldn't.

Most of the us already realize what the deal is. Media trying to make money off people who like to be in permanent panic mode.

[ProSense]

26. If it doesn't

fit the narrative, it'll be ignored.

That's why I say it's hype: http://www.democraticunderground.com/10023474183

They dismissed the President's proposal. They being the media. Yet every organization that has an actual stake in pushing for reform, ackowledged the proposals are a start, and praised support for a FISC adversary: http://www.democraticunderground.com/10023462757

In his statement today, Wyden again called for a FISC advocate: http://www.democraticunderground.com/10023473562

No one cares.

[DevonRex]

27. It's getting

kind of sad here. But I'm so glad you're posting. Thank you.

[ProSense]

30. Think about it,

the one incident that wasn't reported to Congress happened during the Bush administration, and it was reported to Congress by the Obama administration.

http://www.democraticunderground.com/10023472556

[DisgustipatedinCA]

28. Thank Christ we have you to 'Spain stuff to us, even though it's a heavy burden on you

Poor, poor thing.

Please, by all means, do regale us with some more of your world-class thinking on the subject of the media making all of us moronic DUers get into permanent panic mode.

Did I mention what a genius and personal hero I consider you to be? No? Well, that must have been an oversight on my part.

[Rex]

31. The M$M knows how to make money.

So-called journalists indeed.