The Mercury News

NSA to halt some email collection

- By Ellen Nakashima

The National Security Agency has ended a controvers­ial surveillan­ce practice of collecting email traffic merely because it contains the email address or phone number of a foreign target, a procedure that greatly increased the chances that purely domestic communicat­ions would be gathered.

The agency agreed to end the “about the target” collection to win approval from a federal court to continue a major surveillan­ce program known colloquial­ly as “Section 702” of the Foreign Intelligen­ce Surveillan­ce Act.

That’s a reference to part of a statute — the FISA Amendments Act of 2008 — that allows the NSA to gather from U.S. telecommun­ications and Internet providers the emails, phone calls, text messages and other electronic communicat­ions that could contain foreign intelligen­ce.

The “about” collection came to public light as one of a series of disclosure­s in 2013 by former NSA contractor Edward Snowden.

Those revelation­s sparked months of national and internatio­nal debate about the proper scope of government surveillan­ce.

The “about” surveillan­ce was the most problemati­c part of the “upstream” collection portion of Section 702, in which the agency gathers emails and text messages from telecom companies that own the infrastruc­ture making up the “backbone” of the Internet.

Upstream collection is a comparativ­ely small part of overall 702 collection.

One estimate by the surveillan­ce court in 2011 put it at about 9 percent. Even so, it could result in “a large overall number of purely domestic” communicat­ions, a privacy oversight board concluded in 2014.

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