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<h1 class="">The NSA is sharing data with Israel, before filtering out Americans’ information</h1>
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<p class="">By <a href="http://wapo.st/15GaHsJ" title="Visit Andrea Peterson’s website" rel="author external">Andrea Peterson</a>, <span style="color:rgb(153,153,153)">Published: September 11 at 12:37 pm</span><a id="4775" class="" href="mailto:Andrea.Peterson@washpost.com?subject=Reader%20feedback%20for%20%27The%20NSA%20is%20sharing%20data%20with%20Israel,%20before%20filtering%20out%20Americans%E2%80%99%20information%27">E-mail the writer</a>
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<div class="" style="width:616px"><img class="" alt="(FILES) The National Security Agency (NSA) is shown in this May 31, 2006, aerial file photo in Fort Meade, Maryland. President Barack Obama pledged an overhaul of US surveillance to bring greater oversight and transparency on Agust 9, 2013, insisting he had no interest in snooping on ordinary citizens after a public furor. Weeks after former US contractor Edward Snowden revealed details of widespread US surveillance, Obama stood firm in denying any abuse by the program but acknowledged that he needed to address growing concerns. " src="http://www.washingtonpost.com/rf/image_606w/2010-2019/WashingtonPost/2013/08/29/National-Security/Images/Was7799040-1130.jpg" height="442" width="606"><p class="">
NSA headquarters at Forte Meade. (PAUL J. RICHARDS/AFP/Getty Images)</p></div>
<p>In the months since Edward Snowden’s classified document leaks, the
Obama administration has repeatedly assured Americans that the National
Security Agency does not intentionally collect information about U.S.
citizens. The government has also said that when data are collected
“inadvertently,” because an American is in contact with a foreign
target, the data are protected by strict “minimization procedures” that
prevent the information from being misused.</p>
<p>New documents from Snowden reported by <a href="http://www.theguardian.com/world/2013/sep/11/nsa-americans-personal-data-israel-documents" target="_blank">the Guardian</a> on
Wednesday appear to contradict those claims. They reveal that the NSA
has been sharing raw intelligence information with the Israeli
government without first filtering it for data on the communications of
American citizens.</p>
<p>The relationship was described in a “<a href="http://www.theguardian.com/world/interactive/2013/sep/11/nsa-israel-intelligence-memorandum-understanding-document" target="_blank">Memorandum of Understanding</a>”
between the NSA and the Israeli SIGINT National Unit (ISNU). The
document is undated, but it refers to an earlier agreement “in
principle” reached in March 2009. The memo outlines procedures that
should be taken by ISNU to protect information regarding Americans and
stresses that the constitutional rights of American citizens must be
respected by Israeli intelligence staff.</p><div id="article-side-rail" class=""><div id="slug_inline_bb" style="display:block" class="">
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<p>According to the memo, NSA routinely sends ISNU “minimized and
unminimized” signal intelligence (sigint) data. In other words, the U.S.
government shares intercepted communications with the Israelis without
first screening it for sensitive information about Americans.</p>
<p>Israel receives data that “includes, but is not limited to,
unevaluated and unminimized transcripts, gists, facsimiles, telex, voice
and Digital Network Intelligence metadata and content.”</p>
<p>The precautions Israel agrees to use for data on Americans are
“consistent with the requirements placed upon the NSA by U.S. law and
Executive order to establish safeguards protecting the rights of U.S.
persons under the Fourth Amendment,” the memo says. The Israelis also
promise to use “similar” safeguards for data concerning people in
Canada, Australia, New Zealand and the United Kingdom; all those
countries cooperate closely with the NSA. Israel also agrees not to
deliberately target Americans whose information they find in the data.</p>
<p>But these promises are not legally binding. According to the
Guardian, the memo states that “this agreement is not intended to create
any legally enforceable rights and shall not be construed to be either
an international agreement or a legally binding instrument according to
international law.”</p>
<p>What’s also noteworthy is that the memo allows Israeli intelligence
to retain data they identify as belonging to Americans for up to a year.
The United States merely requests that they consult the NSA’s special
liaison adviser at the time they discover such data. But “any data that
is either to or from an official of the US government” is supposed to be
destroyed as soon as it is recognized.</p>
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<img src="http://www.washingtonpost.com/blogs/the-switch/files/2013/08/Peterson_Andrea_Personality1374775091.jpg" alt="Andrea Peterson" height="60" width="60"></div>
<div id="author-description" class="">
<strong>Andrea Peterson </strong>
covers technology policy for The Washington Post, with an emphasis on
cybersecurity, consumer privacy, transparency, surveillance and open
government. She also delves into the societal impacts of technology
access and how innovation is intertwined with cultural development.</div><br clear="all"><br>-- <br>Art Deco (Wayne A. Fox)<br><a href="mailto:art.deco.studios@gmail.com" target="_blank">art.deco.studios@gmail.com</a><br>
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