More NSA leaks: how NSA bends the truth about spying on Americans while insisting it doesn't spy on Americans
People who protect their privacy are more prone to be targeted by the NSA, e.g. lawyers
While the documents make clear that data collection and interception must cease immediately once it's determined a target is within the US, they still provide analysts with a fair amount of leeway. And that leeway seems to work to the disadvantage of people who take steps to protect their Internet communications from prying eyes. For instance, a person whose physical location is unknown—which more often than not is the case when someone uses anonymity software from the Tor Project—"will not be treated as a United States person, unless such person can be positively identified as such, or the nature or circumstances of the person's communications give rise to a reasonable belief that such person is a United States person," the secret document stated.
And in the event that an intercepted communication is later deemed to be from a US person, the requirement to promptly destroy the material may be suspended in a variety of circumstances. Among the exceptions are "communications that are enciphered or reasonably believed to contain secret meaning, and sufficient duration may consist of any period of time during which encrypted material is subject to, or of use in, cryptanalysis."
Other conditions under which intercepted US communications may be retained include when it is "reasonably believed to contain evidence of a crime that has been, is being, or is about to be committed."
The document, dated July 28, 2009, bears the signature of US Attorney General Eric Holder.
And as Goodin notes, some of the heaviest users of PGP-encrypted email are lawyers handling confidential, privileged attorney-client communications, meaning that the US Attorney General is deliberately targeting privileged communications between US persons for extra surveillance and retention, an act of galling lawlessness.
http://boingboing.net/2013/06/20/more-nsa-leaks-how-the-nsa-be.html
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