It’s a complicated situation that Andrew C. McCarthy attempts to explain here:
So, to summarize, we have the communications of Americans inside the United States being incidentally intercepted, stored, sifted through, and in some instances analyzed, even though those Americans are not targets of foreign-intelligence collection. The minimization procedures are supposed to prevent the worst potential abuses, particularly, the pretextual use of foreign-intelligence-collection authority in order to conduct domestic spying. But even when complied with, there is a colorable argument that the minimization procedures do not eliminate the Fourth Amendment problem ”” i.e., they permit seizure and search without adequate cause.
Now we know the minimization procedures have not been complied with. The new scandal involves their flouting…
…[T]he NSA was not supposed to use an American’s phone number, e-mail address, or other “identifier” in running searches through its upstream database. It is this prohibition that the NSA routinely and extensively violated.
Evidently, there was widespread use of American identifiers throughout the years after the 2011 revision of the minimization procedures. The violation was so broad that, at the time the Obama administration ended, its scope had still not been determined…
This violation of law was routine and extensive, known and concealed…
To the extent the data collected has increased the number of Americans whose activities make it into reports, it has simultaneously increased the opportunities for unmasking American identities. Other reporting indicates that there was a significant uptick in unmasking incidents in the latter years of the Obama administration. More officials were given unmasking authority. At the same time, President Obama loosened restrictions to allow wider access to raw intelligence collection and wider dissemination of intelligence reports…
This geometrically increased the likelihood that classified information would be leaked ”” as did the Obama administration’s encouragement to Congress to demand disclosure of intelligence related to the Trump campaign (the purported Trump”“Russia connection). And of course, there has been a stunning amount of leaking of classified information to the media.
There’s more in the NY Post in an article entitled “How Team Obama Tried to Hack the Election”:
…[W]e now know the National Security Agency under President Barack Obama routinely violated privacy protections while snooping through foreign intercepts involving US citizens ”” and failed to disclose the breaches, prompting the Foreign Intelligence Surveillance Court a month before the election to rebuke administration officials…
Further, the number of NSA data searches about Americans mushroomed after Obama loosened rules for protecting such identities from government officials and thus the reporters they talk to.
The FISA court called it a “very serious Fourth Amendment issue” that NSA analysts ”” in violation of a 2011 rule change prohibiting officials from searching Americans’ information without a warrant ”” “had been conducting such queries in violation of that prohibition, with much greater frequency than had been previously disclosed to the Court.”
A number of those searches were made from the White House, and included private citizens working for the Trump campaign, some of whose identities were leaked to the media. The revelations earned a stern rebuke from the ACLU and from civil-liberties champion Sen. Rand Paul.
One of the more interesting aspects to this story is how consistent it is with Obama’s behavior during his early years in politics. No, he didn’t have the NSA spying tools back then. But he made great use of the tools he had.


