Anonymous ID: e4d48d Aug. 31, 2018, 3:20 p.m. No.2822633   🗄️.is đź”—kun

>>2822399

>PRISM collection: the government collects all communications content to or from a targeted selector (such as an email address) directly from U.S.-based electronic communications service providers (such as Apple or Google). The NSA receives all raw (unminimized) PRISM-collected information and may also send such raw data to the CIA and FBI.

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>Upstream collection: the government collects all internet transactions that contain communications to, from, or “about” a targeted selector as the transactions flow through network gateways controlled by U.S.-based providers. Only the NSA may receive raw Upstream-collected information, but it may send such information to the CIA and FBI once it has gone through the NSA’s minimization process.

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>3) Querying and Use in Criminal Cases:

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>Querying 702 Information in Government Databases: The NSA, CIA, and FBI are permitted to query 702-acquired information by using a variety of search terms. Each individual agency’s own minimization procedures limit the search terms that analysts can use. However, it is unclear how these policies are enforced.

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>The Backdoor Search Loophole: The NSA, CIA, and FBI are all permitted to search 702-acquired information with U.S. person identifiers (such as names or addresses). Critics have dubbed this the “backdoor search” loophole, because it enables the government to obtain information that would have otherwise required a warrant. Today, the NSA and CIA can only query 702-gathered information with a U.S. person identifier after creating a “statement of facts showing that a query is reasonably likely to return foreign intelligence information.” However, this restriction does not apply to the FBI.

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>Use in Criminal Court: 702-acquired information may be used as evidence against U.S. persons in criminal court for certain broad categories of “serious crimes.” For investigations that do not fall into one of those categories, there is no restriction on using 702-acquired information to obtain other evidence that can be used in court. The use of information gathered under 702 without a warrant against U.S. persons creates an end-run around the Fourth Amendment, which requires a probable cause finding by an independent body.

 

of legal importance to FISA SEC 702