Mittwoch, 3. Dezember 2014

Meta Data Collection Programme by the FBI and NSA Essay

By Uwe Voigt ( Duke University)



I.Introduction

a) The FBI ordered the telecommunication service providers to save meta data of their customer telephone calls, which are analysed and querried by the NSA to unveil potential networks of terrorists. This program is legalized by 30
Source: NSA. Some data is analyzed by civil contractors
USC §1861 and Section 215 of the Patriot act. The programme is defined as  a counter terrorism tool to protect the public from threats.

b)Summary recommendation
 I recommend the meta data programm should be reatined without modification, because it is a legal and effective tool to counter terrorism in line with other tools.

II.Legality and assessment of effectivity

a)
The meta data collection program is legalized by 30 USC §1861 and Section 215 of the Patriot act for calls inside the United States of America and between the USA and foreign states. The only data, legal to be collected by the telecoummunication service providers are the meta data frame including exclusively the number who called the suspect the numbers called by the suspect, the time when the call occured and how long the connection lasted. Suspects must be identified by the FBI and analyzed be the NSA. This last one is allowed to research information up to the third level.  Only judicial orders authorize the collection of further data, like content and personal information of people taking part in the conversation.  30 USC §1861 is the codified Section 215 of the Patriot act which alone does not legalize the collection of meta data. The sollected meta data has to be relevant: "Records are presumptively relevant if they pertain to (1) a foreign power or an agent of a foreign power; (2) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or (3) an individual in contact with, or known to, a suspected agent of a foreign power who is the subject of such authorized investigation." Within this close range Section 215 of the Patriot act was confirmed several times by different judges. Any use going further without separate legalisation is illegal.

b)Assessment of effectivity

In order to give the order of analysing telephone call's meta data, more information about the suspect is needed. For example, the suspect has to be identified first and the suspicion has to be reasonable, meaning that there has to be an intensive research before any meta data collection is possible. On this point one might ask whether or not a wiretap of the conversations of the suspects would be justified? The meta data would then be additional information to be used after the suspicion was already confirmed by the wiretapped information. General Alexander, director of NSA, stated that dozens of terror attacks have been prevented by the information provided by the meta data program. Due to logical reasoning this could not be the only reason why these attacks were prevented, because without further information about the person and the content of the conversations, meta data of phone calls would be useless. Interesting is the trap function, because this one is activated if a suspect is called by another person which could face further researches. The effectivity can only be seen in combination with a whole line of information, research and surveillance. Analysing meta data of telephone calls without further backup information would be useless. It is also important to consider, that the legal status of each activity additional to the meta data program may vary.

III.Summary

a)Conclusion

The meta data collection program is the basis upon the FBI collects meta data of telephone calls saved by telecommunication service providers. These data contain the lengh of the calls, the time when they occur and the numbers which called and were called. The NSA analyses, stores and querries this data to get information needed to counter terrorism. These information delivers an image of the network of individuals contacted by a suspect. The legal aspect is covered by 30 USC §1861 and Section 215 of the Patriot Act. Collecting meta data is only one tool of counter terrorism and can not provide a full spectrum of all information needed.Information is needed to identify a suspect and although it can not be guaranteed that the suspect will use the numbers connected to him,there is the possibility of unveiling a potential terrorist's network. Important for this is the trap function mentioned earlier.The program is a useful tool as long it is part of whole line of counterterrorism tools - even if it may in some cases, supress the use of telephones for conspiracies.

b)Recomendation

I recommend the use of this programm as part of a whole line of counterterrorism tools.Supported by the right information and runned by the NSA on the basis of secured legal aspects this is a powerful tool and we should not let it go.

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