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Legalities: NSA outsourcing spying on Americans?

daemon@ATHENA.MIT.EDU (Steven M. Bellovin)
Thu Apr 30 17:59:44 2009

Date: Tue, 10 Mar 2009 23:08:17 -0400
From: "Steven M. Bellovin" <smb@cs.columbia.edu>
To: cryptography@metzdowd.com

The assertion occasionally comes up that since the NSA cannot legally
eavesdrop on Americans, it outsources to the UK or one of the other
Echelon countries.  It turns out that that's forbidden, too -- see
Section 2.12 of Executive Order 12333
(http://www.archives.gov/federal-register/codification/executive-order/12333.html)

Now, I'm not saying that the government or the NSA always follows the
rules; I'm simply saying that that loophole is pretty obvious and is
(officially, at least) closed.


		--Steve Bellovin, http://www.cs.columbia.edu/~smb

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