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Summarized -- Spying Program Snared U.S. Calls - New York Times


From: David Farber <dave () farber net>
Date: Wed, 21 Dec 2005 07:48:18 -0500


http://www.nytimes.com/2005/12/21/politics/21nsa.html? hp&ex=1135227600&en=4ef661fe7d71febe&ei=5094&partner=homepage

WASHINGTON, Dec. 20 - A surveillance program approved by President Bush to conduct eavesdropping without warrants has captured what are purely domestic communications in some cases, despite a requirement by the White House that one end of the intercepted conversations take place on foreign soil, officials say.

The officials say the National Security Agency's interception of a small number of communications between people within the United States was apparently accidental, and was caused by technical glitches at the National Security Agency in determining whether a communication was in fact "international."

...Eavesdropping on communications between two people who are both inside the United States is prohibited under Mr. Bush's order allowing some domestic surveillance.

But in at least one instance, someone using an international cellphone was thought to be outside the United States when in fact both people in the conversation were in the country. Officials, who spoke on condition of anonymity because the program remains classified, would not discuss the number of accidental intercepts, but the total is thought to represent a very small fraction of the total number of wiretaps that Mr. Bush has authorized without getting warrants. In all, officials say the program has been used to eavesdrop on as many as 500 people at any one time, with the total number of people reaching perhaps into the thousands in the last three years.

Mr. Bush and his senior aides have emphasized since the disclosure of the program's existence last week that the president's executive order applied only to cases where one party on a call or e-mail message was outside the United States.

...director who is now the second-ranking intelligence official in the country, was asked at a White House briefing this week whether there had been any "purely domestic" intercepts under the program.

...General Hayden said the determination was made by operational people at the agency and "must be signed off by a shift supervisor," with the process closely scrutinized by officials at the agency, the Justice Department and elsewhere.

But questions about the legal and operational oversight of the program last year prompted the administration to suspend aspects of it temporarily and put in place tighter restrictions on the procedures used to focus on suspects, said people with knowledge of the program.

...General Hayden, at this week's briefing, would not discuss many technical aspects of the program and did not answer directly when asked whether the program was used to eavesdrop on people who should not have been.

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