Originally Posted by travelingman
The link you provided was talking (I believe) about MAINWAY, not XKeyscore (the program with the standards I was criticizing). I agree that the standards for searching/accessing used in the MAINWAY program are fine, but with XKeyscore no formal warrant is needed to conduct a search, rather the XKeyscore user must convince the system that the individual in question is foreign (the standard is a 51% likelihood of the targeted person being a foreigner). The NSA has admitted that domestic communications can appear on systems thought to carry only foreign communications, and that all types of communication held between an American and a foreigner are held in the same databases as those that hold communications held between foreigners. The release of information on the XKeyscore program seems to have also knocked House Intelligence Subcommittee Chairman Mike Rogers on his ass, as he boldly stated just seven days before the breaking of the news on XKeyscore that Snowden's claims of easily being able to access the content of seemingly anyone's emails were wrong.
Again, according to Ambinder XKEYSCORE deals with metadata. Not content. So the content of anyone's emails is not available through XKEYSCORE. There are whole procedures on what to do if you encounter American data even if you encounter a foreigner's data while they are in the US
. You basically have to stop what you are doing immediately. This is a lot of what Snowden stole, training materials about all these rules, you had to follow.
This is the basis of the Washington Post report from yesterday, where the NSA tells the FISA court when an "incident" like this happened. The majority of the time, its user-error, typos and too broadly defined search terms.
This is where the 51% comes in. It's actually a limited on the searches someone is allowed to run. On METADATA, not CONTENT.