Pentagon Surveilling Americans Without a Warrant, Senator Reveals

An anonymous reader quotes a report from Motherboard: The Pentagon is carrying out warrantless surveillance of Americans, according to a new letter written by Senator Ron Wyden and obtained by Motherboard. Senator Wyden's office asked the Department of Defense (DoD), which includes various military and intelligence agencies such as the National Security Agency (NSA) and the Defense Intelligence Agency (DIA), for detailed information about its data purchasing practices after Motherboard revealed special forces were buying location data. The responses also touched on military or intelligence use of internet browsing and other types of data, and prompted Wyden to demand more answers specifically about warrantless spying on American citizens.

Some of the answers the DoD provided were given in a form that means Wyden's office cannot legally publish specifics on the surveillance; one answer in particular was classified. In the letter Wyden is pushing the DoD to release the information to the public. A Wyden aide told Motherboard that the Senator is unable to make the information public at this time, but believes it would meaningfully inform the debate around how the DoD is interpreting the law and its purchases of data. 'I write to urge you to release to the public information about the Department of Defense's (DoD) warrantless surveillance of Americans,' the letter, addressed to Secretary of Defense Lloyd J. Austin III, reads. Wyden and his staff with appropriate security clearances are able to review classified responses, a Wyden aide told Motherboard. Wyden's office declined to provide Motherboard with specifics about the classified answer. But a Wyden aide said that the question related to the DoD buying internet metadata.

'Are any DoD components buying and using without a court order internet metadata, including 'netflow' and Domain Name System (DNS) records,' the question read, and asked whether those records were about 'domestic internet communications (where the sender and recipient are both U.S. IP addresses)' and 'internet communications where one side of the communication is a U.S. IP address and the other side is located abroad.' Netflow data creates a picture of traffic flow and volume across a network. DNS records relate to when a user looks up a particular domain, and a system then converts that text into the specific IP address for a computer to understand; essentially a form of internet browsing history. Wyden's new letter to Austin urging the DoD to release that answer and others says 'Information should only be classified if its unauthorized disclosure would cause damage to national security. The information provided by DoD in response to my questions does not meet that bar.'

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