In his final days as the President of the U.S., Barack Obama has permitted the National Security Agency (NSA) to share data on raw surveillance with all the 16 government intelligence and security groups.
Some of the 16 government agencies are the Central Intelligence Agency (CIA), the Federal Bureau of Investigation (FBI), the Department of Homeland Security and Drug Enforcement Administration, amongst others.
How Would The Process Work?
The agencies will be required to submit a request for the data pertaining to a case and the NSA will permit or deny a request on several grounds such as the facts, legitimacy and risk level of divulging the information.
Earlier, the NSA used to search and filter the requested information and hide the identity of innocent people. The FBI and other security agencies currently follow the regulations laid by The FISA Amendments Act and Executive Order 12333.
The "warrantless" surveillance enabled by the FISA allows FBI operatives to search the database when working on ordinary criminal cases. The 12333 database is accessible to operatives working only on foreign or counterintelligence operations.
However, this will not be the case going forward as there will be complete transparency in data sharing.
The order from the Obama government makes it easier for other security agencies to access the heavy database and information archive of the NSA and makes life much easier for the agents working on tough cases.
Is Privacy At Risk?
As reported by The New York Times, American activist groups like the American Civil Liberties Union believe that this new provision puts the identity and privacy of the U.S. citizens at risk. This order by the Obama administration has been under wraps for quite a while now.
The NSA's surveillance system consists of a sweeping method which collects and saves satellite transmissions, e-mails, phone calls, messages and other communication data. This tapping is done in accordance with the regulations formed after the terror attacks on the World Trade Center on Sept. 11, 2001.
The Foreign Intelligence Survey Act of 2002 (FISA) secretly allowed the NSA to share raw domestically garnered data with other security agencies. The 2008 amendment on the FISA provided for the domestic surveillance of a foreign target abroad. The Foreign Intelligence Surveillance Court also gave a green signal to the sharing of e-mail data uncovered.
President Bush, in 2008 had modified the Executive Order 12333, which regulates surveillance systems not covered by wiretapping laws. This enabled the NSA to make available the data to the agencies. The Defense Secretary, Attorney General and the Director of National Intelligence all had to agree on the procedure beforehand.
On Jan. 3, 2017, Loretta Lynch, the Attorney General, signed the new rules and Obama's administration passed the changes during his final few days in office.
Obama's successor Donald Trump takes office on Jan. 20, 2017 and it would be interesting to see if he attempts to alter the new order.
The government is empowering its security agencies in a bid to search and locate perpetrators easily, without leaving any footprints behind. While deemed a risk, this move may ultimately benefit the citizens, as the government will have a much stronger hold over law and order.
Photo: David Martyn Hunt | Flickr
