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December 19, 2013

President-appointed panel recommends scaling down NSA powers, cease collection of Americans’ phone records

by John_A

2013 has been a hard year for the White House — it’s been working overtime to try and manage the PR nightmare sparked by Edward Snowden’s NSA whistleblowing, fighting the outcry of angry citizens, CEOS and major tech outlets. President Barack Obama eventually carted a panel to review the government’s surveillance programs and propose changes that will help restore public’s trust. Today, the group’s recommendations are in, and in summery, they aren’t too surprising: don’t spy on your citizens.

The report’s most public facing suggestion mandates ending the NSA’s habit of collecting records of every phone call made in the United States. The agency would still be allowed to collect some records, of course, but the panel suggests that this data be maintained by a private third party, or the phone companies themselves. More importantly, this data would only be accessible with an order from the Foreign Intelligence Surveillance Court. That’s hardly the panel’s only critique, either: the 308 page document actually makes a total of 46 recommendations. It suggests putting foreign spying operations under heavier scrutiny, for instance, and says that decisions to monitor such communications need to be made by the Commander in Chief — not the nation’s intelligence agencies. It even suggests major tweak to the NSA’s structure, asking the president to consider making the next Director of the NSA a civilian.

Not all of the team’s recommendations are focused on limiting powers, however. Many focus on transparency and protocol. Several items urge for more public disclosure, and would give the people insight on how often certain kinds of investigative orders are being issued. Even more focus on protecting US citizens from international investigations, requiring that data collected accidentally while monitoring the communications of a non-US person outside of the United States must be immediately purged. For that matter, the report recommends that foreign surveillance should be permitted in cases of national security, and should not be used to collect trade secrets, smear public figures or others be used for “illicit or illegitimate ends.” Oh, and it reminds the government that monitoring people based solely on their political viewpoint is a big no-no.

Putting the protocol aside, some of the suggestions do focus specifically on technology. For instance, the panel insists that networks carrying classified information needs to have the best available hardware, software and cyber security mechanisms. Sure, that seems like a no-brainer, but security holes are no joke – US security agencies have been known to exploit them to gather intelligence, and that’s the last thing we need happening to the NSA’s servers. For that matter, the panel recommends exploiting security holes less: leveraging the guard dropped by a day-one software exploit might be handy at the time, but working with developers to close software vulnerabilities is better for the national interest in the long run.

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Source: White House

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